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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


(\-J^ —     {^^^^x^^^^^^^^'^-^"-*/' 


y  4  2  M 


THOMAS' 


Revised  Ordinances 


OF  THE 


City  of  Omaha 
nebraska 


EMBRACING    ALL    ORDINANCES    OF    A    GENERAL    NATURE    IN 

FORCE  AUGUST  1     1905,    TOGETHER    WITH    THE 

CHARTER    FOR    METROPOLITAN    CITIES. 


Compiled  and  Revised 

B.   F.    THOMAS. 

Of  the  Omaha  Bar. 


PUBLISHED  BY  AUTHOIUTY  OF  THi;  CITY  COUNCIL  OF    THK   CITY    OF    OMAIIA 

m:uhaska. 


1905 


I  :y  u  / 


l^ 


PREFACE. 

In  preparation  of  these  revised  ordinances  of  the  City  of  Omaha, 
it  has  been  necessary  to  examine  all  ordinances  passed  since  1872, 
that  is,  since  the  date  of  the  John  P.  Bartlett  revision.  That 
revision,  wdth  a  few  expressed  exceptions,  repealed  all  general 
ordinances  then  in  force.  Twice  since  its  issue  the  ordinances  of 
the  City  have  been  published  in  book  form,  once  in  the  compilation 
of  Hon.  Champion  S.  Chase  in  1881  and  once  in  the  compilation 
of  Hon.  W.  J.  Connell  in  1890.  Thoroughly,  however,  as  the 
editorial  work  was  done  on  these  two  volumes  and  although  each 
was  issued  under  authority  of  the  council,  yet,  unfortunately, 
neither  was  pubhshed  as  a  revision  expressly  repeahng  all  other 
ordinances.  Neither,  therefore,  became  a  substitute  for  the  then 
existing  law  of  the  City.  Its  authoritative  law  still  remained 
unpublished  in  any  collected  and  classified  form. 

Under  authority  of  the  Mayor  and  Council  preparatory  to 
the  pubHcation  of  the  present  book  as  a  revision  of  the  ordinances 
of  Omaha,  the  ordinances  herein,  excepting  some  certain  specified 
classes,  have  been  brought  into  conformity  with  the  present  law 
of  the  State  and  into  consistency  with  one  another. 

This  publication  covers  all  general  ordinances  passed  and 
approved  up  to  and  including  August  1st,  1905.  It  comprises 
general  ordinances  only.  It  does  not  contain  franchises  conferred 
upon  particular  persons  or  companies,  contracts  of  the  City, 
ordinances  naming,  or  changing  the  names  of  streets;  nor  im- 
provement district,  special  assessment,  or  other  special  ordinances. 
In  the  appendix  wiil  he  found  the  names  of  streets  given  since  the 
original  platting,   together  with  changes  of  names. 

The  work  of  examination  of  over  5,500  ordinances,  in  itself, 
is  on(!  of  no  inconsiderable  magnitude,  bul,  in  a<iditi()n  to  this, 
under  the  phni  rcfjuirccl  for  a  revision  of  all  oidinaiiccs,  llicrc  was 
necessary  a  large  anionnt  lA'  iinnsnal  lai)(>r  and  caic  in  (liescieclion 


•>  r.''  >/*  «r>t> 


4  PREFACE. 

of  ordinances  of  a  general  nature  and  in  harmonizing  conflicting 
ordinances  without  legislating. 

It  is  hoped  that  this  publication  may  serve  a  useful  end  as  the 
basis  for  future  city  legislation. 

I  am  indebted  to  E.  C.  Page,  of  the  Omaha  Bar,  who  was 
a  co-laborer  in  this  work,  for  valuable  assistance  and  suggestions. 
To  his  learning  and  experience  much  credit  is  due.  It  is  likewise 
a  pleasure  to  publicly  express  appreciation  of  the  efficient  ser- 
vice rendered  by  Carl  E.  Herring  of  the  Omaha  Bar. 

B.  F.  THOMAS, 

Omaha,  August  1st,  1905. 


CONTENTS. 


Chapter. 

I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 

x.w. 

XXVI. 

XXVII. 

XXVIII. 

XXIX. 

XXX. 

XXXI. 

XXXII. 

XX.XIII. 

XXXfN'. 

XXXV. 

XXXVI. 

XXXVII. 

X.XXVIII. 

X  X  XIX. 

XI.. 

\\A. 

XI>11. 


Page. 

Additions 97 

Animals  running  at  large 102 

Artifical  stone,  construction  of 112 

Attorney 113 

Auctions  and  Auctioneers 115 

Automobiles H'^ 

Bankrupt  stocks,  sales  of 121 

Bank  of  eartli  and  stagnant  water 122 

Barbers 1-1 

Bicycles 130 

Bill  posting 131 

Board  of  education,  quarters  of 133 

Boilers  and  boiler  inspector 134 

Buildings 143 

Byron  Reed  Bequest 176 

Cemeteries , 1'9 

Circuses,  theatres  and  shows 180 

City  abstracter 184 

City  clerk 185 

Cit}'  council 186 

City  physician. 187 

Claim  agent,  city 187 

Coal  and  coal  dealers 1 88 

Combustil)les 192 

Comptroller  and  treasurer 196 

Corporate  limits 201 

Curfew 204 

Driving  stock 206 

Elections 208 

Elevators 212 

216 

219 

220 
221 
223 
223 
224 
225 
226 
227 
230 
233 


Employment  agencie? 

Fines,  remission  of  by  mayor 

Fire  hydrants.  . 

Fire  limits 

Fire  and  police  commi.ssion,  clerk  of. 

Fires,  prevention  of 

Fire  reporter. 

Fisli,  sale  of.  . 

Gas  maimfacturiiig.  . 

CJas  inspector. 

Hauling  diri . 

Hitfliiiig  posts  and  rings.  . 


6 


CONTENTS. 


Chapter.  Page. 

XLIII.  House  moving 235 

XLIV.  Ice 240 

XLV.  Junk  dealers 241 

XLVI.  Library 244 

XLVII.  Licenses,  doing  business  without 248 

XLVIIL  License  inspector ,  249 

XLIX.  Liquor  license 2.51 

L.  Livery  stables 257 

LI.  Lunch  wagons. 258 

LII.  Market  and  Market  houses 260 

LIII.  Milk,  venders  of 265 

LIV.  Misdemeanors 268 

LV.  Morphine 303 

LVI.  Municipal  year 304 

LVII.  Officers,  removal  of 305 

LVIII.  Parks 308 

LIX.  Park  commissioners 311 

LX.  Pawnbrokers  and  chattel  loan  brokers 313 

LXI.  Peddlers 316 

LXII.  Plumbers 318 

LXIII.  Police 341 

LXIV.  Police  court  clerk 346 

LXV.  Police  judge 348 

LXVI.  Prisoners 350 

LXVII.  Produce,  sale  of 351 

LXVIII.  Railroads 352 

LXIX.  Real  estate 360 

LXIX.  Runners 364 

LXX.  Sanitary 367 

LXXI.  Scales  in  streets 404 

LXXII.  Seal  of  city 406 

LXXIII.  Second  hand  dealers 407 

LXXIV.  Shooting  galleries 410 

LXXV.  Sidewalks 411 

LXXVI.  Slaughter  houses 422 

LXXVII.  Slot  machines 423 

LXXVIII.  Spitting  an  sidewalk  or  in  public  conve5-ances. 426 

LXXIX.  Stationary  engines 427 

LXXX.  Streets .  . '. 429 

LXXXI.  street  cars  and  steam  cars 455 

LXXXII.  Street  commissioner 457 

LXXXIII.  Street  sales  and  exhibitions 460 

I-XXXIV.  Street  railways 463 

LXXXV.  Street  sprinkling  and  other  regulations 474 

LXXXVI.  Supplies,  purchase  by  city 476 

LXXXVII.  Superintendent  cit}-  hall 477 

LXXXVIII.  Surveyors 478 

LXXXIX.  Taxes,  set  off  against  claims 480 


CONTENTS. 


Chapter.  Page. 

XC.  Telegraph,  telephone  and  electric  wires 481 

XCI.  Ticket  brokers 502 

XCII.  Trancient  dealers 505 

XCIII.  Variety  shows 506 

XCIV.  Vehicles 508 

XCV.  Veterinary  surgeon  and  meat  inspector 527 

XCVI.  Viaducts 529 

XCVII.  Voting  precincts 530 

XCVIII.  Wards,  boundaries 546 

XCIX.  Weighers 552 

C.  Weights  and  measures 555 

CI.  Witnesses  before  council 562 


City  Charter 


10  CITY    CHARTER. 

shall  be  divided  into  election  precincts  for  the  purpose   of  reg- 
istration and  election. 

Section  4.  Within  sixty  (60)  daj^s  after  the  passage  of  this 
act  the  city  council  shall  divide  such  city  into  twelve  (12)  wards 
and  such  election  precincts  as  may  be  necessary.  No  further 
division  or  change  of  boundaries  shall  be  made  of  said  wards  or 
election  precincts  unless  ninety  days  or  more  prior  to  any  general 
or  city  election,  Councilmen  from  each  of  said  wards  shall  be 
elected  at  the  next  election  of  city  officers. 

Section  5.  The  mayor  and  council  shall  have  power  to  provide 
for  the  election  of  city  officers  and  to  prescribe  the  manner  of 
conducting  the  same,  and  the  returns  thereof,  and  the  registra- 
tion of  voters,  and  for  deciding  contested  elections  in  any  manner 
not  in  conffict  with  the  laws  of  the  state  or  the  provisions  of  this 
act. 

Section  6.  The  first  city  election  in  all  cities  governed  by  this 
act  shall  be  held  on  the  first  Tuesday  in  May  1906,  and  all  suc- 
ceeding general  city  elections  every  three  years  thereafter.  The 
officers  to  be  elected  at  such  election  shall  be  mayor,  cit}^  attorney, 
building  inspector,  city  clerk,  comptroller  and  councilmen. , 
They  shall  each  and  all  be  elected  by  a  plurality  of  all  votes  cast 
at  said  election  for  such  officers  respectively,  and  shall,  when 
properly  qualified,  hold  their  offices  for  three  years  from  the  third 
Monday  succeeding  their  election,  and  until  their  successors  shall 
be  elected  and  qualified.  Other  officers  shall  be  elected  at  such 
times  and  for  such  terms  as  may  be  provided  by  law. 

Section  7.  At  all  elections  authorized  by  this  act,  the  polls 
shall  be  opened  at  such  place  in  each  election  district  as  may  be 
designated  by  the  mayor  or  as  fixed  by  ordinance,  and  they  shall 
be  kept  open  between  the  hours  specified  by  law  for  general, 
state  and  county  elections  and  shall  be  conducted  in  accordance 
with  the  provisions  of  such  law.  The  quahfication  of  electors 
in  each  ward  shall  be  the  same  as  is  required  for  electors  in  pre- 
cincts under  the  laws  of  the  state.  All  election  returns  shall  be 
canvassed  by  the  council  at  eight  o'clock  P,  M,  on  the  first  Thurs- 
day after  each  city  election.  The  city  clerk  shall  deliver  certifi- 
cates of  election  to  each  person  found  to  be  elected. 

Section  8.  At  all  general  elections  in  cities  of  the  metropolitan 
class  the  judges  and  clerks  of  such  election  shall  each  receive  for 


CITY    CHARTER.  11 

their  entire  services  at  such  elections  the  sum  of  three  ($3.00) 
dollars.  At  all  special  elections  in  an}^  such  city  the  judges  and 
clerks  of  such  election  shall  each  receive  for  their  entire  services 
at  such  election,  the  sum  of  three  ($3.00)  dollars,  the  same  to  be 
paid  by  the  city,  county  or  board  of  education  submitting  the 
proposition  or  propositions  to  be  voted  upon  at  such  election. 

Section  9.  The  city  council  shall  consist  of  one  member  from 
each  ward,  to  be  chosen  by  the  quahfied  electors  of  the  entire 
city  by  a  plurality  of  votes.  Each  councilman  must  be  a  free- 
holder in  the  city  and  an  actual  resident  of  the  ward  from  which 
he   is    chosen. 

Section  10.  On  the  third  Monday  following  the  election  the 
councilmen  shall  assemble  and  organize  the  council  by  electing 
one  of  their  number  president,  whose  duty  it  shall  be  to  preside 
at  all  meetings  of  the  council,  and  they  shall  elect  one  of  their 
number  temporary  president,  whose  duty  it  shall  be  to  preside 
in  the  absence  of  the  president.  The  president  or  temporar}^ 
president,  when  occupying  the  office  of  mayor,  shall  have  the 
same  rights  and  privileges  as  other  members  of  the  council. 

Section  11.  The  council  shall  hold  regular  meetings  on  Tues- 
day of  each  week  except  in  case  of  adjournment  to  a  different 
date.  Two  thirds  of  all  the  members  elected  to  the  council  shall 
constitute  a  'quorum  for  the  transaction  of  any  business  but  a 
less  number  may  adjourn  from  time  to  time  and  compel  the  at- 
tendance of  absent  members  in  such  manner  and  under  such 
penalties  as  may  be  provided  by  ordinance. 

Section  12.  The  mayor  or  any  five  councilmen  shall  have 
power  to  call  a  special  meeting  of  the  council,  the  call  for  said 
meeting  shall  be  filed  with  the  city  clerk  and  the  said  clerk  shall 
forthwith  cause  to  be  served  upon  each  member  of  the  city  coun- 
cil a  notice  of  said  special  meeting.  The  notice  shall  be  served 
as  summons  is  served  in  civil  cases,  and  the  return  of  service 
by  the  clerk  shall  show  the  time  and  manner  of  service.  The 
signing  of  said  call  or  appearance  at  said  meeting  by  the  council- 
men  shall  be  a  waiver  of  the  service  of  said  notice. 

Section  13.  Every  member  of  the  city  council  or  of  any  com- 
mittee thereof  to  whom  any  matter  shall  be  referred  shall  report 
thereon  within  not  to  exceed  thirty  (30)  days  from  the  date  of 
reference.  Failure  to  so  report,  excepting  on  account  of  sickness, 
shall  be  regarded  as  neglect  of  duty,  and  subject  such  member. 


12  CITY    CHARTER. 

upon  conviction  thereof,  to  a  fine  of  not  to    exceed  fifty   dollars 
($50.00)  for  each  and  every  day  he  shall  neglect  to  make  such  report. 

It  shall  be  the  duty  of  each  councilman  to  attend  each  regular 
meeting  and  each  day  that  the  council  sits  as  a  board  of  equahza- 
tion.  Each  councilman  who  is  absent  from  any  of  such  meetings 
shall  forfeit  to  the  city  the  sum  of  ten  dollars  for  each  absence 
and  said  sum  shall  be  deducted  from  the  warrants  issued  for  the 
monthly  salary  of  such  councilman.  Provided  the  council  may 
grant  a  leave  of  absence  prior  to  any  of  said  meetings  and  may 
at  the  next  regular  meeting  excuse  any  such  absence  on  the  ground 
that  the  councilman  was  ill  or  was  necessarily  and  unavoidably 
detained  at  the  time  of  such  absence.  The  journal  of  the  council 
shall  be  conclusive  evidence  of  such  absence  or  excuse  or  leave 
of  absence.  It  shall  be  the  duty  of  the  city  clerk  to  certify  to 
the  comptroller  on  the  first  day  of  each  month  the  name  of  each 
councilman  absent  during  the  prior  month  from  any  of  such  meet- 
ings of  the  council  without  leave  or  excuse  granted  as  aforesaid 
and  the  number  of  meetings  absent,  and  it  shall  be  the  duty 
of  the  comptroller  to  deduct  the  sum  of  ten  ($iO.OO)  dollars  for  each 
such  absence  from  the  monthly  salary  warrant  of  such  councilman. 

Section  14.  The  cou2icil,  or  any  committee  of  the  members 
thereof,  shall  have  power  to  compel  the  attendance  of  witnesses 
for  the  investigation  of  matters  that  may  come  before  them,  and 
the  presiding  oflficer  of  the  council  or  the  chairman  of  such  com- 
mittee for  the  time  being,  may  administer  the  requisite  oaths, 
and  such  council  or  committee  shall  have  the  same  authority  to 
compel  the  giving  of  testimony  as  is  conferred  on  courts  of  justice. 

Section  15.  The  enacting  clause  of  all  ordinances  shall  be  as 
follows:     ''Be  it  ordained  by  the  city  council  of  the  city  of  .... 

"     All  ordinances  of  the  city  shall  be  passed  pursuant  to 

such  rules  and  regulations  as  the  council  may  prescribe;  Provided, 
That  upon  the  passage  of  all  ordinances  the  '.'yeas"  and  "nays" 
shall  be  entered  upon  the  record  of  the  city  council j  and  a  majority 
of  the  votes  of  all  the  members  of  said  council  shall  be  necessary 
to  their  passage;  Provided,  further,  That  no  ordinance  shall  be 
passed  the  same  day,  or  at  the  same  meeting  it  is  introduced, 
nor  within  one  week  thereafter,  except  the  general  appropriation 
ordinances  for  salaries   or   wages. 

Section  16.  No  ordinance  granting  extending  or  modifying 
the  conditions  of  any  franchise  shall  be  passed  until  at  least  two 
weeks  shall  have  elapsed  after  its  introduction,  nor  until  after 


CITY    CHARTER.  13 

the  same  has  been  piibhshd  daily  for  two  weeks  in  two  estab- 
Hshed  daily  papers  of  the  city.  No  new  franchise  shall  hereafter 
be  granted,  nor  any  extensions  of  franchise  heretofore  granted, 
be  lawful  unless  an  annuity  to  the  city  be  provided,  based  upon 
either  a  fixed  reasonable  amount  per  year,  or  a  percentage  on 
the  gross  earnings  of  the  owners  of  said  franchise,  nor  until  a 
proposition  for  the  same  has  been  submitted  to  a  vote  of  the 
electors  of  the  city  at  a  general  city  election,  or  a  special  city 
election  called  for  that  purpose,  and  to  carry  such  a  proposition 
it  shall  require  a  majority  of  the  electors  voting  on  such  propo- 
sition. 

Section  17.  All  ordinances  of  the  city  may  be  proven  by  a 
certificate  of  the  clerk  under  the  seal  of  the  city,  and  when  printed 
or  published  in  a  book  or  pamphlet  form,  and  purporting  to  be 
pubhshed  or  printed  by  authority  of  the  city  council,  shall  be 
read  and  received  in  all  courts  and  places,  without  further  proof. 

SALARIES  AND  FEES. 

Section  18,  The  several  officers  herein  named  shall  receive 
the  following  compensation  and  they  shall  give  bonds  for  the 
faithful  and  honest  discharge  of  their  duties  in  the  amounts  here- 
in   specified: 

Salary  Bond  to 

per  annum  be  given 

Mayor $3,000.00  $5,000.00 

City  Comptroller 3,000 .  00  25,000 .  00 

City  Clerk 2,500.00  5,000.00 

Chief  of  Police 2,500.00  5,000.00 

City  Attorney 3,500.00  5.000.00 

A.ssistant  City  Attorney 2,000 . 00  3,000 . 00 

City  Prosecutor 1 ,200 .  00  1,000 .  00 

City  Engineer 3,000 .  00  10,000 .  00 

Assistant  City  Engineer 2,000 . 00  3,000 . 00 

Building  Inspector 1,800.00  2,000.00 

Health  Commissioner 2,000.00  1,000.00 

Each  Councilman 1.500.00  5.000.00 

City  Electrician 1,800.00  3,000.00 

Plumbing  Inspector 1 ,200 .  00  1 .000 .  00 

Boiler  Inspector 1 ,200 .  00  1 ,000 . 00 

Chief  of  Fire  Department 2,500.00  5,000.00 

First  A.sst.  Chief  of  Fire  Do[)artiiKMit 1,S00.00  3.000.00 

Second  A.sst.  Chief  of  Fire  I)c|);irtiii('iit 1,500.00  2,000.00 


14  CITY    CHARTER. 

Section  19.  Each  policeman  and  fireman  hereafter  appointed 
shall  receive  the  following  compensation :  For  the  first  six  months 
service  the  sum  of  fifty  dollars  per  month ;  for  the  second  six  months 
service  fifty-five  dollars  per  month;  for  the  third  six  months 
service  sixty  dollars  per  month;  for  the  fourth  six  months,  sixty- 
five  dollars  per  month;  for  the  fifth  six  months,  seventy  dollars 
per  month;  for  the  sixth  six  months  seventy-five  dollars  per 
month, ,  after  three  years  continuous  service  they  shall  receive 
the  sum  of  eighty  dollars  per  month.  Each  captain  of  the  police 
and  fire  departments  shall  receive  not  less  than  ninety  dollars 
per  month  and  not  more  than  one  hundred  and  ten  dollars  per 
month,  to  be  fixed  by  the  board  of  fire  and  police  commissioners. 
Each  officer  of  the  police  and  fire  departments  and  each  engineer 
of  fire  engines  under  the  rank  of  chief  or  assistant  chiefs  or  cap- 
tains shall  receive  the  sum  not  exceeding  ninety  dollars  per  month, 
to  be  fixed  by  the  board  of  fire  and  police  commissioners.  No 
policeman  shall  be  allowed  fees  as  a  witness  in  any  criminal  case 
tried  in  any  court  of  this  city,  nor  shall  any  officer  or  employe 
of  the  city  be  allowed  any  fees  as  witnesses  for  the  city  in  any 
civil   or  criminal   case. 

Section  20.  Each  member  of  the  board  of  fire  and  police  com- 
missioners appointed  by  the  governor  shall  receive  the  sum  of 
eight  hundred  ($800.00)  dollars  per  j^ear  for  their  services  as  com- 
missioners and  as  members  of  the  license  board.  Said  sum  shall 
be  paid  out  of  the  police  fund  and  shall  be  full  compensation  for 
their  services  as  members  of  such  boards. 

Section  21.  The  compensation  or  salary  of  all  officers  and 
agents  of  the  city  not  herein  specified,  shall  be  fixed  and  deter- 
mined by  ordinance,  and  shall  not  be  increased  or  diminished 
during  the  term  for  which  such  officer  or  agent  shall  be  appointed. 

Section  22.  No  officer  shall,  directly  or  indirectly,  be  allowed 
any  further  or  greater  compensation  for  his  official  services  than 
is  allowed  herein,  nor  shall  any  officer  named  herein  take  or  re- 
ceive therefor,  directly  or  indirectly,  any  further  or  greater  com- 
pensation for  such  services,  than  is  provided  as  aforesaid.  All 
claims  of  employes  or  appointees  for  extra  compensation  over- 
time or  traveling  expenses  shall  be  presented  as  a  claim  against 
the  city  and  shall  not  be  included  in  the  salary  appropriation 
ordinances.  Provided:  That  any  officer  may  perform  the 
duties  of  any  other  officer,  but  in  such  case  he  shall  be  entitled 


CITY    CHARTER.  15 

only  (except  in  the  case  of  the  president  of  the  council  when  act- 
ing as  mayor)  to  the  compensation  of  that  office  to  wliich  the 
greater  salary  is   attached. 

Section  23.  If  any  such  officer  shall  violate  any  of  the  foregoing 
provisions  of  this  act,  or  if  any  member  of  the  council  shall  vote  for 
any  further  allowance  to  any  officer  whose  salary  is  fixed  by  this 
act,  or  to  the  members  of  the  council,  the  same  shall  constitute 
malfeasance  in  office  and  be  deemed  a  misdemeanor,  and  upon 
conviction  thereof  in  a  court  of  competent  jurisdiction,  shall  be 
fined  in  a  sum  not  exceeding  one  thousand  dollars  (S1,000.00), 
or  be  imprisoned  in  the  county  jail  not  exceeding  one  year;  and 
he  shall  moreover  be  removed  from  office  by  the  court  rendering 
judgment  of  conviction  against  him. 

Section  24.  On  Monday  of  each  week,  each  department  and 
board  shall  certify  to  the  Comptroller  his  pay-roll  of  day  laborers 
employed  during  the  preceding  week  and  the  comptroller  shall 
audit  said  pay-rolls  and  prepare  the  necessary  appropriation 
ordinance  for  the  payment  of  such  laborers.  Such  ordinance 
shall  be  presented  to  the  council  on  the  following  Tuesday  and 
may  be  passed  at  the  same  meeting.  On  the  passage  of  such 
appropriation  ordinance  the  comptroller  shall  issue  warrants 
to    such    laborers. 

MAYOR. 

Section  25.  The  mayor  shall  be  the  chief  executive  officer 
and  conservator  of  the  peace  throughout  the  city,  and  shall  have 
power  by  and  with  the  concurrence  of  the  board  of  fire  and  police 
commissioners,  to  appoint  any  number  of  special  policemen  which 
he  may  deem  necessary  to  preserve  the  peace  of  the  city,  and  to 
dismiss  the  same  at  pleasure.  He  shall  have  such  jurisdiction 
as  may  be  vested  in  him  by  ordinance  over  all  places  within  three 
miles  of  the  corporate  limits  of  the  city,  for  the  enforcement  of 
any  health  quarantine  ordinance,  or  regulation  thereof. 

Section  26.  The  mayor  shall  have  power  by  and  with  the  con- 
sent of  a  majority  of  the  entire  council  to  appoint  all  officers  that 
may  be  deemed  necessary  for  the  good  government  of  the  city, 
unless  otherwise  provided  for  in  this  act;  and  he  shall  have  power 
in  hke  manner  to  remove  from  office,  by  and  with  the  consent  of 
the  council,  any  person  or  persons  so  by  him  appointed  thereto, 
and  in  like  manner  to  fill  vacancies  in  offices  so  creatcMl  when  not 
otherwise  specially  provided  for  in  this  act. 


16  CITY    CHARTER. 

Section  27.  He  shall  have  the  superintending  control  of  all 
the  officers  and  affairs  of  the  city,  except  when  otherwise  specially 
provided.  He  may,  when  he  deems  it  necessary,  require  any 
officer  of  the  city  to  exhibit  his  accounts,  or  any  other  papers, 
and  to  make  report  to  the  council  in  writing,  touching  any  sub- 
ject or  matter  he  may  require,  pertaining  to  his  office.  He  shall, 
from  time  to  time,  communicate  to  the  city  council  such  infor- 
mation and  recommend  such  measures  as  in  his  opinion  may  tend 
to  the  improvement  of  the  finances,  police,  health,  security,  orna- 
ment, comfort  and  general  prosperity  of  the  city.  He  shall  be 
active  and  vigilant  in  enforcing  all  laws  and  ordinances  of  the 
city,  and  shall  cause  all  subordinate  officers  to  be  dealt  with 
promptly  for  any  neglect  or  violation  of  duty.  He  shall  give 
written  notice  to  the  city  clerk  of  his  intended  absence  before 
leaving  the  city. 

Section  28.  Every  resolution  adopted,  or  contract  approved, 
by  the  city  council,  appropriating  or  involving  the  expenditure 
of  money,  and  every  ordinance  passed  by  the  city  council,  shall, 
within  forty-eight  hours  after  the  action  of  the  city  council,  be 
presented  to  the  mayor  for  his  approval,  and  he  shall  have  at 
least  three  days  thereafter  for  the  consideration  thereof.  If  he 
approves  the  resolution,  contract  or  ordinance,  as  the  case  may 
be,  he  shall  sign  the  same  and  return  the  same  to  the  city  clerk, 
and  so  report  to  the  council  at  the  next  regular  meeting  after  the 
expiration  of  the  time  herein  limited.  If  he  does  not  approve 
the  same  he  shall  return  the  same  with  his  objections  in  writing 
to  the  city  council  at  its  next  regular  meeting,  after  the  expiration 
of  the  time  herein  Hmited.  When  any  ordinance,  contract  or 
resolution  shall  be  returned  without  the  approval  of  the  mayor, 
the  council  shall  thereupon,  before  entering  upon  any  other  busi- 
ness, and  before  adjourning,  consider  whether  the  same  shall  be 
approved,  notwithstanding  the  objections  of  the  mayor.  If  two- 
thirds  of  aU  the  members  elected  shall  vote  in  the  affirmative, 
such  ordinance,  contract,  or  resolution,  shall  be  considered  ap- 
proved, and  shall  take  effect  and  be  valid  in  the  same  manner 
and  with  like  force  as  if  it  had  received  the  approval  of  the  mayor ; 
and  should  the  mayor  fail,  neglect,  or  refuse  to  approve  any  ordi- 
nance, contract  or  resolution,  or  return  the  same  with  his  objec- 
tions in  writing  within  the  time  herein  limited,  the  same  shall 
take  effect  and  be  valid  in  the  same  manner  and  with  Hke  force 
as  if  approved  by  him.     The  mayor  may  veto  an  appropriation 


CITY    CHARTER.  17 

ordinance  or  any  single  item  in  any  such  ordinance,  and  if  such 
item  be  not  passed  over  liis  veto,  such  item  shall  be  stricken  out 
and  shall  not  be  paid  by  the  city. 

Section  29.  When  any  vacancy  shall  happen  in  the  office  of 
mayor  by  death,  resignation,  removal  from  office,  refusal  to  qualify, 
or  otherwise,  the  president  of  the  council  for  the  time  being  shall 
be  ex-officio  mayor  and  shall  have  all  the  rights,  privileges, 
powers  and  salary  of  the  mayor  until  such  vacancy  be  filled,  but 
during  said  time  he  shall  receive  no  salary  as  councilman,  in 
case  of  disability,  sickness  or  absence  of  the  mayor,  the  presi- 
dent of  the  city  council  shall  perform  the  duties  of  the  mayor 
and  shall  receive  his  salary  as  councilman  and  a  sum  equal  to  one 
half  of  the   mayor's  salary. 

Section  30.  The  treasurer  shall  be  collector  of  taxes  for  the 
city.  He  and  his  sureties  shall  be  liable  on  his  bond  for  the  safe 
keeping  of  all  public  funds  collected  or  received  by  such  treasurer, 
and  for  all  taxes  and  assessments  not  collected  by  him  according 
to  law,  whenever  such  taxes  or  assessments  remain  uncollected 
by  him,  by  reason  of  any  neglect  of  duty,  want  of  due  diligence, 
or  failure  on  his  part  to  comply  with  the  laws  and  ordinances 
relating  to  the  collection  of  taxes.  The  treasurer  shall  be  in- 
eUigible  to  office  for  more  than  two  consecutive  terms. 

Section  31.  The  powers,  rights,  duties  and  proceedings  of 
the  city  treasurer  and  of  such  deputies  as  he  may  appoint  shall 
in  all  respects,  as  far  as  applicable,  and  except  as  herein  other- 
wise provided,  be  the  same  in  respect  to  the  collection  of  muni- 
cipal taxes  and  assessments  as  those  of  the  county  treasurer  in 
Hke  cases  with  reference  to  the  collection  of  county  taxes.  The 
city  treasurer  shall  receive  all  moneys  belonging  to  the  city,  and 
shall  keep  his  books  and  accounts  in  such  manner  as  the  mayor 
and  city  council  may  prescribe;  and  such  books  and  accounts 
shall  he  always  subject  to  inspection  of  the  mayor,  comptroller, 
members  of  the  council,  and  such  other  officers  or  agents  as  they 
may  de.signate.  He  shall  give  every  person  paying  money  into 
the  city  treasurer  a  receipt  and  keep  the  duplicate  thereof,  speci- 
fying the  date  of  payment,  and  upon  what  account  paid,  and  he 
shall  also  file  copies  of  such  receipts  with  the  comptroller  on  the 
same  day  of  the  receipts  thereof. 

Section  32.  The  treasurer  shall  at  the  end  of  each  month,  and 
oftener  if  required,  render  an  account  to  the  mayor,  city  council 


18  CITY    CHARTER. 

and  comptroller,  showing  the  state  of  the  treasury  at  the  date 
of  such  account  and  the  balance  of  money  in  the  treasury,  and 
particularly  showing  the  several  balances  to  the  credit  of  each 
fund  on  account  of  which  bonds  may  have  been  issued.  He  shall 
also  accompany  such  account  with  a  statement  of  all  moneys 
received  into  the  treasury,  and  on  what  account,  together  with 
all  warrants  redeemed  and  paid  by  him;  which  said  warrants, 
with  any  and  all  vouchers  held  by  him,  shall  be  delivered  to  the 
the  comptroller  and  filed  with  his  said  account  in  the  comptroller's 
office  upon  every  day  of  such  settlement.  He  shall  return  all 
warrants  paid  by  him,  stamped  or  marked  "paid"  and  shall  give 
a  list  of  such  warrants,  stating  the  number  and  amount  of  each. 
The  treasurer  shall  register  by  making  a  brief  descriptive  record 
thereof,  all  warrants  presented  for  payment  and  not  paid  for  want 
of  funds ;  and  whenever  funds  accrue  in  his  hands  sufficient  to 
take  up  and  pay  any  warrant  so  registered,  he  shall  give  notice 
thereof,  describing  said  warrant  or  warrants,  by  public  advertise- 
ment for  three  days,  and  thereafter  from  the  date  of  said  notice, 
all  interest  upon  said  warrant  or  warrants  so  advertised  shall 
cease  and  determine. 

Section  33.  All  fines,  penalties  and  forfeitures  collected  for 
offenses  against  the  ordinances  of  the  city,  or  for  misdemeanors 
against  the  laws  of  the  state,  committed  within  the  city,  shall, 
unless  otherwise  provided  by  law,  be  paid  by  the  person  receiving 
the  same  to  the  city  treasurer,  and  any  person  receiving  such 
fines,  penalties  and  forfeitures,  who  shall  fail  to  pay  the  same 
over  as  above  provided,  within  thirty  daj'^s  after  the  receipt  of 
the  same  by  him,  or  within  ten  days  after  being  requested  by  the 
mayor  so  to  do  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  punished  by  a  fine  of  not  to  exceed 
one  thousand  dollars  and  imprisonment  not  to  exceed  six  months 
in  the  county  jail.  Such  person  shall  be  guilty  of  malfeasance 
in  office  and  shall  be  removed  from  office.  It  shall  be  the  duty 
of  the  comptroller  to  audit  the  accounts  of  all  such  officers  at  least 
once  each  month  and  to  approve  or  disapprove  their  reports. 

Section  34.  The  treasurer  shall  keep  all  money  in  his  hands 
belonging  to  the  city  and  school  district  of  the  city  separate  and 
distinct  from  each  other  and  from  his  own  moneys;  and  he  is  here- 
by expressly  prohibited  from  using  any  such  money,  or  any  war- 
rants or  other  securities  in  his  custody,  or  receiving  any  interest 
thereon,  either  directly  or  indirectly  for  his  own  use  or  benefit, 


CITY    CHARTER.  19 

or  for  the  use  or  benefit  of  any  other  person  or  corporation  except 
said  cit}^  or  the  school  district  therein.  Any  violation  of  this 
provision  or  an}-  violation  of  the  provisions  of  this  act  shall  sub- 
ject him  to  immediate  removal  from  office  by  the  city  council, 
who  are  hereby  authorized  to  declare  such  office  vacant;  and  the 
mayor,  with  the  consent  of  the  city  council,  shall  appoint  a  suc- 
cessor, who  shall  hold  his  office  for  the  remainder  of  the  term 
unexpired  •  of  such  officer  so  removed.  All  interest  on  moneys 
of  the  city  shall  be  reported  by  the  treasurer  to  the  city  council 
and  comptroller,  and  be  carried  into  the  sinking  fund  of  such  city, 
and  all  interest  on  moneys  of  the  school  district  shall  be  reported 
to  the  board  of  education  and  placed  to  the  credit  of  the  school 
fund.  Provided,  interest  on  the  water  fund  shall  be  placed  to 
the   credit  of  the  water  fund. 

Section  35.  In  all  cities  governe  dby  this  act,  the  county  treas- 
urer of  the  county  in  which  such  city  is  located,  shall  be  ex-of- 
fico  city  treasurer  of  such  city.  He  shall  have  and  exercise  all 
the  authority  and  powers  and  perform  all  of  the  duties  of  the  city 
treasurer  as  defined  and  required  by  this  act  and  the  ordinances 
of  such  city,  and  wherever  the  words  "city  treasurer"  occur  in 
this  act  they  shall  be  held  to  apply  to  and  include  the  county 
treasurer  as  ex-officio  city  treasurer  of  said  city.  The  said  county 
treasurer  shall  be  vested  with  the  powers  and  duties  of  the  city 
treasurer  as  herein  and  by  ordinance  defined  on  and  after  the 
first  Thursday  after  the  first  Tuesday  in  January,  1906,  and  be- 
fore entering  upon  the  duties  of  said  office,  shall  qualify  as  ex- 
officio  city  treasurer  at  the  same  time  that  he  qualifies  as  county 
treasurer  and  shall  give  a  bond  to  such  city  in  the  sum  of  not  less 
than  two  hundred  thousand  ($200,000.00)  dollars,  conditioned 
for  the  faithful  discharge  of  the  duties  of  city  treasurer  as  pre- 
scribed in  this  act.  Said  bond  shall  be  given  with  two  or  more 
surety  or  guarantee  companies  and  the  cost  thereof  shall  be  paid 
from  the  general  funds  of  the  city.  Provided,  that  it  shall 
be  the  duty  of  the  county  treasurer  of  every  such  county  to  col- 
lect for  such  city  all  the  general  city  taxes  for  such  city  levied  by 
the  county  commissioners  of  any  such  county  as  in  this  act  pro- 
vided falling  due  and  collectible  between  the  taking  effect  of  this 
act  and  the  first  Thursday  after  the  first  Tuesday  in  January, 
1906  and  turn  the  same  over  as  collected  to  the  city  treasurer; 
but  on  and  after  said  last  named  date  such  transfer  of  city  funds 
collected  by  such  county  treasurer  shall  cease  and  thereupon  such 


20  CITY    CHARTER. 

county  treasurer  shall  be  and  become  the  custodian  as  well  as  the 
disbursing  officer  of  any  such  city  and  the  collector  of  all  general 
and  special  taxes  and  assessments  of  such  city  and  all  fines,  licenses 
and  every  other  form  of  taxes  or  income  of  such  city  and  upon  said 
last  named  date  the  city  treasurer  of  such  city  shall  turn  over  to 
such  county  treasurer  as  ex-officio  city  treasurer  of  such  city  and 
as  his  successor  in  office,  all  moneys,  books,  funds,  records  and 
papers  in,  or  in  any  manner  pertaining  to,  the  office  of  city  trea- 
urer  and  ex-officio  treasurer  of  the  board  of  education  of  the 
school  district  of  any  such  city. 

The  county  in  which  such  city  is  located  shall  receive  as  full 
compensation  for  the  collection  and  disbursement  of  all  funds 
of  the  city  and  the  expenses  thereof,  an  amount  equal  to  one  per 
cent  of  the  amount  collected.  Such  amount  shall  be  paid  to  the 
county  out  of  the  general  funds  of  said  city  and  shall  be  payable 
monthly.  No  other  compensation  or  expenses  or  salary  shall 
be  paid  by  such  city  to  such  county  or  to  any  county  officer  or 
employe  for  the  collection  or  disbursement  of  taxes,  assessments 
or  revenues  of  the  city,  except  the  sum  of  one  thousand  dollars 
(S  1000.00)  per  annum  which  shall  be  paid  to  the  county  treasurer  as 
additional  salary  and  shall  be  paid  c^uarterly.  Provided,  that 
no  compensation  shall  be  allowed  upon  the  amount  of  money 
turned  over  to  the  county  treasurer,  as  ex-officio  city  treasurer, 
by  the  city  treasurer  or  any  city  officer  nor  upon  the  proceeds  of 
the  sale  of  any  bonds  issued  and  sold  by  the  city. 

Provided  further  that  no  compensation  shall  be  allowed  the 
county  upon  any  money  collected  by  the  County  Treasurer  as  ex- 
officio  treasurer  of  the  Board  of  Education.  The  incumbent  of 
the  office  of  City  Treasurer  at  the  time  of  the  taking  effect  of  this 
act  shall,  from  said  last  named  date  until  the  expiration  of  his 
term  in  May,  1906,  assist  in  the  collection  of  personal  taxes  and 
perform  such  other  duties  as  may  be  required  by  ordinance,  and 
shall  pay  over  all  moneys  collected  by  him  to  the  said  County 
Treasurer  and  shall  receive  the  same  salary  as  provided  for  said 
office  in  the  laws  hereby  repealed. 

Section  35a.  In  all  school  districts  in  metropolitan  cities,  the 
city  treasurer  of  such  city  shall  be  ex-officio  treasurer  of  the  Board 
of  Education.  He  shall  attend  all  meetings  of  the  board  when 
required  to  do  so,  shall  prepare  and  submit  in  writing  a  monthly 
report  of  the  state  of  its  finances,  and  shall  pay  school  money 
only  upon  a  warrant  signed    by  the  president,  or  in  his  absence 


CITY    CHARTER.  21 

by  the  vice-president,  and  countersigned  by  the  secretary.  He 
shall  give  bond,  payable  to  the  Board  of  Education,  an  amount 
equal  to  the  sum  that  may  be  in  his  possession  at  any  one  time, 
of  moneys  belonging  to  or  under  control  of  the  Board  of  Education, 
but  such  sum  shall  not  be  less  than  the  maximum  sum  that  may 
be  in  his  posession  at  any  time  of  moneys  belonging  to  or  under 
the  control  of  the  Board  of  Education  and  said  bond  shall  be  signed 
by  one  or  more  surety  companies  of  recognized  responsibility, 
and  the  cost  of  which  bond  shall  be  paid  by  the  school  district. 

Section  36.  The  comptroller  shall  act  as  the  general  accountant 
and  fiscal  agent  of  the  city,  and  shall  exercise  a  general  super- 
vision over  all  officers  of  the  city  charged  in  any  manner  with 
the  receipt,  collection  or  disbursement  of  the  city  revenue.  He 
shall  be  a  competant  book-keeper  and  accountant,  and  it  shall 
be  his  duty,  under  the  direction  of  the  mayor  and  city  council, 
to  keep  a  complete  set  of  books,  showing  the  balance  in  each  fund, 
and  the  cash  in  each  fund  and  such  other  accounts  as  disclose 
the  finances  of  the  city.  He  shall  keep  full,  clear,  correct  and 
separate  account  daily  of  all  revenue,  cash  or  other  funds  and 
incomes  of  the  city,  and  of  all  disbursements.  He  shall  keep 
accounts  between  the  citv  and  the  officers  of  the  citv  includino- 
the  water  board  and  between  the  city  and  all  contractors  or 
other  persons  doing  work  or  furnishing  material  for  the  city. 
He  shall  also  keep  a  regular  and  accurate  account  of  the  debit 
and  credit  with  the  city  treasurer,  charging  said  treasurer  with 
the  amount  of  taxes  levied  on  the  assessment  roll,  and  giving  him 
credit  for  all  duphcate  receipts  furnished  with  his  statements, 
and  keep  an  account  in  like  manner  with  said  treasurer  whenever 
assessments  or  appropriations  are  made,  and  expenditures  ordered 
for  any  special  object.  He  shall  carefully  examine  and  check 
all  the  reports  of  the  city  treasurer,  and  county  treasurer  as  ex- 
ofiicio  city  treasurer  and  communicate  to  the  city  council  as 
soon  thereafter  as  practicable,  the  result  of  such  examination; 
and  he  shall  also  carefully  examine  each  month  the  account, 
statement  and  vouchers  required  by  law  to  be  rendered  at 
the  end  of  each  month  by  any  city  officer  or  appointee,  making 
from  time  to  time  such  reports  to  the  city  council  concerning 
such  account  and  statement  as  may  seem  necessary  and  proper. 
He  shall  keep  a  record  of  the  bonds  issued  by  the  city,  the  cash 
received  therefor,  and  of  the  payment  and  cancellation  of  all  bonds 
of  the  city,  and  shall  see  that  all  bonds,  upon  payment  thereof, 
are  properly  cancelled  and  destroyed.     He  shall  prepare  all  ap- 


22  eiTY    CHARTER. 

propriation  ordinances.  He  shall  perform  such  other  duties  as 
may  be  required  by  this  act  or  by  ordinance,  and  he  shall  devote 
his  entire  time  to  the  duties  of  his  office.  He  shall  audit  the 
books  of 'the  county  treasurer  as  ex-officio  city  treasurer  in  the 
same  manner  and  keep  accounts  with  the  county  .treasurer  of 
all  money  collected  for  such  city  and  make  reports  of  the  same 
monthly  to  the  city  council. 

Section  37.  The  comptroller  is  hereby  authorized  and  em- 
powered to  appoint  one  deputy,  to  be  paid  by  the  city,  but  for 
whose  acts  and  doings  said  comptroller  shall  be  responsible.  And 
during  the  absence,  disabihty  or  inability  to  act  as  said  comp- 
troller said  deputy  is  hereby  authorized  to  do  and  perform  any 
and  all  acts  that  might  by  such  comptroller  be  done  and  performed 
if  present.  Such  appointment  shall  be  in  writing  and  the  same 
shall  be  reported  in  writing  to  the  city  council  by  the  comptroller. 

Section  38.  The  city  clerk  shall  have  charge  of  the  records 
of  all  council  proceedings,  city  ordinances  and  documents  per- 
taining to  the  concurrent  action  of  the  mayor  and  city  council, 
except  as  herein  otherwise  provided.  He  shall  receive  all  official 
communications,  or  petitions  addressed  to  the  council  or  mayor 
and  council.  It  shall  be  his  duty  to  attend  all  city  council  meet- 
ings, both  as  a  council  and  as  a  board  of  equahzation,  and  to 
make  true  and  accurate  minutes  of  all  proceedings  had  thereat, 
taking  down  the  yea  and  nay  votes  on  all  questions  requiring 
votes  by  roll  call,  he  shall  prepare  and  cause  to  be  published 
all  notices  of  the  sitting  of  the  council  as  a  board  of  equalization. 
He  shall  keep  a  full  record  of  the  names  of  all  members  of 
the  council  in  attendance  at  each  council  meeting,  and  each  meet- 
ing of  the  board  of  equalization,  and  note  in  such  record  the  names 
of  absentees  when  each  vote  is  taken  on  all  questions  voted  on. 
The  clerk  shall  devote  his  entire  time  during  business  hours  to 
the  duties  of  his  office,  and  perform  all  the  duties  required  by 
this  act,  together  with  such  other  duties  as  the  city  council  shall 
require  of  him.  He  shall  issue  all  Hcenses  and  shall  collect  all 
license  fees  and  pay  or  cause  such  fees  to  be  paid  to  the  city  treas- 
urer in  such  manner  as  may  be  provided  by  ordinance. 

Section  39.  The  city  clerk  is  hereby  authorized  and  empowered 
to  appoint  one  deputy  to  be  paid  by  the  city,  but  for  whose  acts 
and  doings  said  city  clerk  shall  be  responsible.  During  the  absence 
or  disability  of  said  city  clerk  said  deputy  is  hereby  authorized 
to  do  and  perform  any  and  all  acts  that  might  by  said  city  clerk 
be  done   and   performed  if   present. 


GITY    CHARTER.  23 

Section  40.  The  city  attorney  shall  attend  to  all  cases,  except 
in  the  police  court,  and  appeal  cases  therefrom,  wherein  the  city 
may  be  a  party,  plaintiff  or  defendant,  or  a  party  in  interest;  to 
advise  the  city  council,  the  head  of  any  department,  or  any  com- 
mittee of  the  city  council,  in  writing  when  required  as  to  all  legal 
questions  that  may  arise  before  them;  to  advise  the  mayor  and 
all  other  officers  in  relation  to  their  duties,  and  from  time  to  time 
make  such  reports  in  relation  to  the  suits  in  which  the  city  is 
interested  as  may  be  required  by  the  mayor  or  city  council,  and 
to  perform  such  other  duties  not  inconsistent  with  the  duties 
imposed  by  this  act,  as  by  ordinance  may  be  directed.  In  all 
cases  wherein  any  special  interest  of  the  city  attorney  or  his  as- 
sistant may  be  effected,  it  shall  be  the  duty  of  such  attorney  to 
notify  the  mayor  and  council  of  such  fact,  and  thereupon  another 
attorney  shall  be  assigned  to  represent  the  interests  of  the  city 
in  such  case.  If  the  city  attorney  shall  purposely  conceal  such 
personal  interest  and  proceed  with  such  case  to  the  detriment  of 
the  city,  such  procedure  shall  be  considered  a  misdemeanor,  and 
on  conviction  thereof  before  the  city  council,  such  attorney  shall 
be  removed  from  office,  and  in  such  case  the  court  shall  grant 
a  new  trial. 

Section  41.  The  assistant  city  attorney  shall  be  appointed  by 
the  city  attorney  and  shall  assist  the  city  attorney  in  the  trial  of 
all  cases  in  which  it  is  the  duty  of  the  city  attorney  to  engage, 
and  to  perform  such  other  official  duties  as  may  be  directed  by 
the  city  attorney.  He  shall  during  the  absence,  sickness  or  in- 
ability of  the  city  attorney,  perform  the  duties  of  the  city  attorney ; 
he  may  apjjear  and  assist  the  city  prosecutor  in  the  trial  of  any 
case  in  the  police  court,  when  deemed  advisable  by  the  city  at- 
torney; and  he  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinance. 

Section  42.  The  city  prosecutor  shall  attend  all  sessions  of  the 
police  court,  file  and  prosecute  all  criminal  complaints  against 
persons  charged  with  the  violation  of  the  ordinances  of  the  city, 
or  laws  of  the  state,  within  the  final  jurisdiction  of  the  court.  He 
shall  be  active  and  vigilant  in  the  enforcement  of  all  ordinances 
of  the  city,  and  shall  cause  all  violations  of  the  ordinances  of  the 
city  to  be  prosecuted,  and  he  shall  attend  to  all  cases  on  appeal 
from  the  police  court.  In  case  of  sickness,  absence  or  inability 
to  attend  to  such  appeal  cases,  his  duty  shall  devolve  upon  and 
be  performed  by  the  assistant  city  attorney. 


24  CITY    CHARTER. 

Section  43.  The  city  engineer  shall  be  a  competent  civil  engi- 
neer of  not  less  than  five  years  experience.  The  mayor's  appoint- 
ment shall  be  accompanied  with  an  abstract  of  the  works  designed, 
carried  out  or  supervised  by  such  appointee,  or  upon  which  he  has 
been  engaged.  He  shall  make  all  necessary  surveys,  plans,  speci- 
fications and  estimates  of  all  public  works  of  the  city  and  their 
maintenance  arid  repairs  subject  to  change  modification  approval 
or  rejection  by  the  mayor  and  city  council  as  they  may  decide 
or  direct  except  as  otherwise  provided  in  this  act.  The  city 
engineer  shall  make  all  partial  and  final  estimates  of  public  work 
under  contract,  and  report  the  same  to  the  mayor  and  city  council 
for  approval.  The  engineer  shall  have  charge  of  the  permit  de- 
partment for  the  opening  of  streets,  and  shall  keep  a  record  of  all 
work  of  said  nature.  He  shall  prepare  plans  for  all  sewer  con- 
nections from  buildings  to  the  sewers,  and  cause  the  same  to  be 
laid  out  as  to  grade  and  alignment  in  compliance  with  such  plans, 
and  cause  an  accurate  record  to  be  kept  of  the  same.  The  city 
engineer  shall  prepare  all  assessment  plats  and  assessments  for 
special  taxes,  and  after  the  same  shall  have  been  amended  to 
meet  the  approval  of  the  board  of  equalization,  he  shall  prepare 
the  ordinances  for  the  same.  The  city  engineer  shall  prepare 
such  general  outlines  of  instruction  for  the  various  classes  of  work 
as  a  guide  for  all  inspectors,  together  with  blanks  to  be  filled  out 
by  them  daily  upon  their  work.  The  city  engineer  shall  furnish 
such  information  and  advice  relating  to  the  work  of  his  depart- 
ment as  he  may  be  called  upon  to  give  by  the  mayor  or  the  city 
council  or  as  may  be  provided  by  ordinance.  He  shall  keep  and 
preserve  in  a  proper  manner  all  books,  maps,  plans,  profiles,  esti- 
mates and  other  records  belonging  to  the  city  and  connected 
with  his  department  and  shall  deliver  the  same  to  his  successor 
in  office.  He  shall  perform  such  other  duties  as  may  be  required 
by  this  act  or  by  ordinance. 

Section  44.  When  smy  improvement  mentioned  in  this  act  is 
completed  according  to  contract,  it  shall  be  the  duty  of  the  city 
engineer  to  carefully  inspect  the  same,  and  if  the  improvement 
is  found  to  be  properly  done,  such  engineer  shall  accept  the  same 
and  forthwith  report  his  acceptance  thereof  for  the  confirmation 
or  rejection  of  the  mayor  and  city  council.  When  the  contract 
for  such  works  provides  for  the  acceptance  thereof  in  front  of  or 
along  any  block  or  piece  of  ground,  the  engineer  may  accept  the 
same  in  sections  from  time  to  time,  if  found  to  be  done  accord- 
ing to  contract,  reporting  his  acceptance  as  in  other  cases. 


CITY  chartj:r.  25 

Section  45.  The  city  engineer  shall  appoint  an  assistant 
engineer  whose  term  of  office  shall  be  co-ordinate  with  that  of 
the  city  engineer.  Such  assistant  engineer  shall  act  under  the 
direction  and  control  of  the  city  engineer,  and  shall,  in  the 
event  of  the  sickness,  disability  or  absence  of  the  city  engineer,  in 
addition  to  other  work  required  of  him,  be  empowered  to  perform 
all  the  duties  devolving  upon  the  city  engineer. 

Section  46.  The  city  engineer  shall  have  the  general  supervi- 
sion of  public  works  directed  to  be  done  by  the  mayor  and  .city 
council  except  street  cleaning  and  ordinary  street  repair  grading, 
and  except  as  otherwise  provided  herein  and  shall  cause  to  be 
kept  complete  records  and  accurate  accounts  of  the  same.  He 
shall  investigate  all  complaints  relating  to  public  work  and  report 
his  findings  with  his  recommendations  to  the  mayor  and  city 
council  for  their  decision  and  direction.  He  shall  appoint  all 
inspectors,  laborers  and  all  other  employes  necessary  to  carry 
out  the  provisions  of  this  section,  subject  to  the  extent  and 
limit  of  the  funds  provided  by  the  mayor  and  city  council  for 
the  purpose;  and  shall  present  the  names  of  all  such  inspectors, 
laborers  and  all  other  employes  to  the  city  council  for  confirma- 
tion. The  compensation  shall  be  fixed  by  the  mayor  and  city 
council  before  said  inspectors,  laborers  and  all  other  employes 
shall  enter  upon  their  duties  as  such.  And  no  inspector,  laborer 
or  other  employe  shall  receive  any  compensation  whatsoever  for 
services  rendered  prior,  to  such  fixing  of  of  compensation  and 
confirmation.  He  shall  keep  a  record  of  the  services  of  all  inspec- 
tors, laborers  and  all  other  employes  and  certify  to  the  pay  roll 
of  such  inspectors,  laborers  and  all  other  employes  to  the  city 
comptroller  monthly,  or  oftener  if  required,  and  when  any  work 
shall  be  completed  he  shall  promptly  file  with  the  comptroller  a 
certified  statement  of  the  cost  of  inspection  to  be  charged  to  such 
work. 

He  shall  see  to  the  enforcement  of  all  measures  for  the  pro- 
tection of  the  city  against  any  damage  or  liability  by  reason  of  any 
and  all  work  done  upon  the  surface  of  streets  and  alleys.  He 
shall  make  all  temporary  repairs  ordered  by  the  mayor  and  city 
council.  He  shall  have  power  to  dismiss  any  inspector,  and  shall 
also  have  power  to  dismiss  any  other  employe  under  his  supervi- 
sion when  their  services  shall  no  longer  be  required,  or  for  other 
good  and  sufficient  reason.  The  mayor  and  council  may  at  any 
time  by  concurrent  resolutif)n  dismiss  any  or  all  such  inspec- 
tors or  employes. 


26  CITY,  CHARTER. 

Section  47.  He  shall  supervise  all  sewer  work  and  the  con- 
struction, maintenance,  cleaning  and  repairing  of  public  sewers, 
culverts,  drains,  conduits  and  subways:  also  water,  gas,  conduit 
and  subway  trenches  or  other  works  under  the  surface  of  the 
streets  done  under  permit,  or  otherwise,  in  the  city.  He  shall 
keep  a  classified  record  of  the  relative  cost  of  the  maintenance, 
repair  and  cleaning  of  streets  and  sewers,  and  also  the  character 
and  condition  of  sewers,  streets  and  viaducts  throughout  the 
year.  He  shall  be  empowered,  where  necessary  for  the  further- 
ance of  public  works  or  the  abatement  of  nuisance,  to  cause  the 
temporary  suspension  of  the  use  of  water,  gas,  sewer,  or  other 
service,  or  to  cause  the  temporary  removal  of  or  discontinuance 
of  railway  tracks,  or  street  car  or  other  travel.  He  shall  receive 
all  complaints  of  sewer  stoppage  and  investigate  the  same  at 
once,  and  keep  a  record  of  all  such  cases  and  the  facts  connected 
therewith.  He  shall  prepare  plans,  specifications  and  contracts 
to  be  approved  by  the  mayor  and  council  for  all  public  works 
to  be  done  under  his  supervision,  and  he  shall  change  or  modify 
such  plans  and  specifications  when  directed  by  the  mayor  and 
council. 

Section  48.  In  each  city  there  shall  be  a  building  inspector, 
a  plumbing  inspector  and  a  boiler  inspector.  The  building  in- 
spector shall  be  chief  of  said  inspectors  and  have  the  direction 
of  all  office  and  other  work,  and  also  the  records  and  permits 
issued  by  said  inspectors.  The  building  inspector  shall  be  an 
architect  of  not  less  than  seven  years  practice  in  designing  and 
superintending  the  construction  of  buildings,  or  an  experience 
house  builder  and  mechanic  of  ten  years  practice  as  build- 
ing contractor  or  superintendent  of  building  construction.  Per- 
mits for  building  construction,  plumbing  work  and  certificates 
of  boiler  inspection  shall  be  issued  through  the  building  inspector 
and  countersigned  by  each  of  the  inspectors  for  the  respec- 
tive work  inspected  and  supervised  by  them.  Permits  and 
inspection  certificates  shall  only  be  issued  upon  presentation 
of  the  receipt  of  the  city  treasurer  by  the  applicant,  showing 
that  the  required  fee  therefor  has  been  paid  into  the  city  treasury. 
The  building  inspector  shall  report  to  the  city  council  on  the 
first  day  of  each  month,  and  transmit  therewith  an  abstract  of 
all  receipts  filed  for  permits  and  certificates  of  inspection  issued. 
The  building  inspector  shall  have  charge  of  the  enforcing  of  all 
ordinances  pertaining  to  party  walls  or  the  erection,  construc- 
tion, alteration,  removal  or  repair  of  buildings,  their  proper  venti- 


CITY    CHARTER.  27 

lation,  also  the  plumbing  work  and  the  arrangement  of  heating 
appliances  and  construction  of  boilers.  The  plumbing  and  boiler 
inspectors  shall  be  competent  mechanics,  skilled  in  their  respec- 
tive work,  and  possessed  of  at  least  five  years  practical  experience 
therein.  Before  any  building  which  shall  have  been  condemned 
shall  be  torn  down,  or  any  final  action  towards  the  tearing  down 
of  any  improper  work  upon  M^hich  the  city  might  be  held  liable, 
shall  be  taken,  the  building  inspector  shall  first  report  the  facts 
to  the  city  council  for  final  action.  In  all  building  contemplating 
the  use  of  electrical  machinery  or  appliances,  the  building  in- 
spector shall  consult  the  city  electrician  and  obtain  from  him  a 
written  opinion  as  to  the  proper  precautionary  measures  to  be 
enforced,  and  file  the  same  with  the  records  pertaining  to  such 
building,  and  when  such  building  shall  be  completed  the  city 
electrician  shall,  after  inspection,  notify  the  building  inspector 
of  the  results  of  his  investigation,  and  the  building  inspector 
shall  thereupon  take  such  action  as  the  facts  shall  warrant.  The 
building  inspector,  the  plumbing  inspector  and  boiler  inspector 
shall  in  addition  to  the  duties  herein  named,  perform  such  other 
duties  as  may  be  required  by  this  act  or  by  ordinance.  The 
building  inspector  before  he  approves  any  plans  for  any  build 
or  any  addition  to  any  building,  shall  submit  such  plans  to  the 
health  commissioner  and  secure  his  approval  of  the  sanitary 
features  of  such  proposed  work. 

Section  49.  The  health  commissioner  shall  have  the  qualifica- 
tions of  a  physician  under  the  laws  of  this  state.  He  shall  be 
the  city  physician  and  execute  and  enforce  all  laws  of  the  state 
and  ordinances  of  the  city  relating  to  matters  of  health  and  sani- 
tation and  all  rules  and  regulations  of  the  city  relating  to  the 
pubHc  health.  He  shall  make  reports  to  the  city  council  as  by 
them  directed,  of  his  official  acts,  doings  and  proceedings  and 
receive  and  execute  their  orders,  directions  and  instructions. 
He  shall  have  charge,  control  and  supervision  of  all  sanitary  and 
health  affairs  of  such  city,  including  the  removal  of  dead  animals 
and  garbage,  sanitary  condition  of  streets,  alleys  and  vacant 
grounds,  of  stock  yards,  wells,  cisterns,  privies,  water  closets, 
cess  pools  and  stables,  of  houses,  tenements,  manufactories  and 
all  public  and  private  grounds  and  buildings  of  every  sort,  and 
of  any  and  all  buildings  and  places  not  specified,  where  filth  and 
offen.sive  matter  is  kept  or  is  hable  to,  or  does  accumulate.  The 
health  commissioner  shall  have  power  to  enter  and  inspect  any 
and  all  premises  for  the  detection,  correction  or  extermination  of 


28  CITY    CHARTER. 

nuisances,  contagious  or  infectious  diseases,  or  the  improvement 
of  the  sanitary  condition  of  said  premises.  Inspectors  of  meats, 
milk,  food  and  of  any  and  all  other  matter  and  things  relating 
to  the^  sanitary  condition  of  such  city,  except  as  herein  otherwise 
provided,  shall  be  under  the  control  and  direction  of  the  health 
commissioner.  His  duties  as  city  physician  shall  be  to  attend 
prisoners  in  the  city  jail,  and  to  attend  cases  of  accident  and 
other  emergency  cases  coming  under  the  attention  of  the  police, 
but  such  care  and  attendance  shall  cease  when  they  shall  be  able 
to  be  removed  to  the  county  hospital. 

Section  50.  The  office  of  the  Tax  Commissioner  shall  be  aboHsh- 
ed  on  the  third  Monday  after  the  first  Tuesday  in  May,  1906; 
and  the  present  incumbent  of  said  office  shall  complete  the  records 
of  his  office  and  on  said  date  shall  dehver  the  same  to  the  City 
Clerk  and  he  shall  perform  such  other  duties  as  may  be  required 
by  the  City  Council,  and  after  the  taking  effect  of  this  act,  and 
during  the  remainder  of  his  term  he  shall  receive  the  same  salary 
as  is  provided  for  such  officer  by  the  law  hereby  repealed. 

Section  51.  The  city  electrician  shall  be  a  practical  electrical 
engineer,  of  not  less  than  five  years  actual  experience  as  superin- 
tendent of  electrical  construction  work,  or  electric  light  or  power 
station.  He  shall  thoroughly  understand  the  principles  of  tele- 
graph, telephone  and  electric  fight  and  power  construction.  The 
appointment  of  the  mayor  must  be  accompanied  with  an  exhibit 
of  the  several  works  and  their  nature  which  have  been  supervised 
by  such  appointee.  He  shall  have  charge  of  all  city  electric  light, 
telephone  and  telegraph  fines  and  plants,  and  the  supervision 
and  inspection  of  all  electrical  appfiances  within  the  city,  and 
shall  have  power  to  enforce  all  rules  and  regulations  of  the  city 
in  connection  with  their  use  and  construction.  He  shall  inspect 
all  pubhc  electric  lighting  of  the  streets  and  other  pubfic  grounds 
and  perform  such  other  duties  as  may  be  required  by  ordinance. 

Section  52.  The  mayor  and  council  shall  have  power  to  define, 
regulate,  suppress  and  prevent  nuisances.  The  maj^or  and  council 
shall  not  create  a  board  of  health  except  in  cases  of  a  general  epi- 
demic but  may  co-operate  with  the  boards  of  health  provided 
by  the  law\s  of  the  state  and  may  appropriate  moneys  for  such 
purposes.  The  mayor  and  council  may  provide  rules  and 
regulations  for  the  care,  treatment,  regulation  and  prevention 
of  all  contagious  and  infectious  diseases,  for  the  regulation  of 
all   hospitals,   dispensaries   and   places   for  the   treatment   of  the 


CITY    CHARTER.  29 

sick  for  the  sale  of  dangerous  drugs,  for  the  regulation  of  ceme- 
taries  and  the  burial  of  the  dead.  The  jurisdiction  of  the  council 
in  enforcing  the  foregoing  regulations  shall  extend  over  such 
city  and  over  all  grounds  and  property  within  three  miles  thereof. 

Section  53.  Upon  the  taking  effect  of  this  act  the  Advisory 
Board  and  the  Board  of  Public  Works  heretofore  existing  in  cities 
of  the  Metropolitan  Class  shall  cea.se  to  exist,  and  the  records  of 
said  boards  shall  be  placed  in  the  custody  of  the  City  Engineer 
and  thereafter  be  subject  to  the  control  of  the  Mayor  and  council. 

Section  54.  In  each  city  of  the  metropoHtan  class  there  shall 
be  a  board  of  park  commissioners  who  shall  have  charge  of  all 
the  parks  and  public  grounds  belonging  to  the  city,  with  power 
to  establish  rules  for  the  management,  care  and  use  of  public 
parks,  parkways  and  boulevards,  and  it  shall  be  the  duty  of 
said  board  from  time  to  time  to  devise,  suggest  and  recommend 
to  the  mayor  and  council  a  system  of  public  parks,  parkways 
and  boulevards  or  additions  thereto  within  the  city,  or  within 
three  miles  of  the  limits  thereof,  and  to  designate  the  lands,  lots 
or  grounds  necessar}'  to  be  used,  purchased  or  appropriated  for 
such  purpose. 

Section  55.  Said  board  of  park  commissioners  shall  be  com- 
posed of  five  members,  who  shall  be  resident  freeholders  of  such 
city  and  who  shall  be  appointed  by  the  judges  of  the  district 
court  of  the  judicial  district  in  which  such  city  shall  be  situated. 
It  shall  be  the  duty  of  said  judges,  a  majority  concurring,  to  ap- 
point or  re-appoint,  one  of  said  board  each  year  on  the  second 
Tuesday  of  May,  and  to  fill  for  the  unexpired  term  any  vacancies 
existing  in  the  board.  A  majority  of  all  the  members  of  the 
board  of  park  commissioners  shall  constitute  a  quorum. 

Section  56.  It  shall  be  the  duty  of  said  board  of  park  com- 
missioners.  to  lay  out,  improve  and  beautify  all  lands,  lots,  or 
grounds  now  owned,  or  hereafter  acquired  for  parks,  parkways, 
or  boulevards.  They  may  employ  a  secretary  and  such  land- 
scape gardeners,  superintendents,  engineers,  keepers,  assistants 
or  laborers,  as  may  be  necessary  for  the  proper  care  and  main- 
tenance of  such  parks,  parkways  or  boulevards,  or  the  improve- 
ment or  beautifying  thereof,  to  the  extent  that  funds  ma\'  be 
provided  for  such  purpose.  The  members  of  said  board  at  its 
first  meeting  each  year  after  the  first  Tuesday  in  May,  shall  elect 
one   of   their   f)wri    meiiibers   as   chainnan    of  said    board.      Before 


30  CITY    CHARTER. 

entering  upon  their  duties  each  member  of  said  board  shall  take 
an  oath  to  be  filed  with  the  city  clerk,  that  he  will  faithfully  per- 
form the  duties  of  his  appointment  and  in  the  selection  or  desig- 
nation of  lands,  lots  or  grounds  for  parks,  parkways  or  boulevards, 
and  in  making  appointments,  he  will  act  for  the  best  interests 
of  such  city  and  for  the  public,  and  will  not  in  any  manner  be 
actuated  or  influenced  by  personal  or  political  motives.  The 
members  of  said  board  shall  receive  no  compensation  and  shall 
serve  without  cost  to  the  city. 

Section  57.  It  shall  be  the  duty  of  the  mayor  and  council  to 
take  such  action  as  may  be  necessary  for  the  appropriation  of  the 
lands,  lots  or  grounds  designated  by  said  park  board,  the  power 
to  appropriate  lands,  lots  or  grounds  for  such  purpose  being  hereby 
conferred  on  the  mayor  and  council,  and  for  the  purpose  of  making 
payments  for  such  lands,  lots  or  grounds  so  appropriated,  or 
purchased,  as  hereinafter  provided,  assess  such  real  estate  as  may 
be  specifically  benefited  by  reason  of  the  appropriation  or  pur- 
chase thereof  for  such  purpose,  and  issue  bonds  as  may  be  required 
for  such  purpose,  to  the  extent  and  amount  required  in  excess 
of  such  assessment.  And  the  mayor  and  council  are  further 
authorized  upon  the  recommendation  of  said  park  commissioners 
and  with  their  concurrence  to  purchase  in  the  name  of  said  city, 
lands,  lots,  or  grounds  within  the  limits  herein  designated  to  be 
used  and  improved  for  parks,  parkways,  or  boulevards,  notwith- 
standing said  limits  include  lands,  lots,  or  grounds  within  the 
corporate  boundaries  of  other  cities  or  villages,  and  if  such  lands, 
lots  or  grounds  are  in  the  limits  of  other  cities  or  villages,  said 
cities  or  villages  shall  cease  to  have  jurisdiction  over  the  said 
lands,  lots  or  grounds  after  the  said  lands,  lots  or  grounds  are 
acquired  for  parks,  parkways  or  boulevards  as  aforesaid  by  gift, 
purchase,    condemnation   or   otherwise. 

Section  58.  In  each  city  of  the  metropoHtan  class,  there  shall 
be  a  board  of  fire  and  police  commissioners,  to  consist  of  the  mayor, 
who  'shall  be  ex-ofhcio  chairman  of  the  board,  and  four  electors 
of  the  city  who  shall  be  appointed  by  the  governor,  not  more  than 
two  of  whom  shall  be  of  the  same  poHtical  faith  or  party  allegiance. 
On  the  last  Tuesday  in  March  1905,  and  on  the  same  day  in 
each  year  thereafter,  the  governor  shall  appoint  one  commis- 
sioner in  each  city  governed  by  this  act,  to  take  the  place  of  the 
commissioner  whose  term  of  office  expires  on  the  first  Monday 
in  April  following  such  appointment,  and  those  so  appointed  to 


CITY    CHARTER.  31 

succeed  others  shall  serve  for  the  term  of  four  years,  following 
the  first  Monday  in  April  after  their  appointment,  except  where 
appointments  are  made  to  fill  vacancies,  in  which  cases  those 
appointed  shall  serve  the  remainder  of  term  of  the  persons 
whose  vacancies  they  are  appointed  to  fill.  Whenever  a  vacancy 
shall  occur  in  any  board  of  fire  and  police  commissioners  either 
by  death,  resignation,  removal  from  the  city  or  any  other  cause, 
the  governor  shall  appoint  a  commissioner  to  fill  such  vacancy. 

Section  59.  No  person  shall  be  appointed  a  police  commis- 
sioner who  is  engaged  in  the  sale  of  malt,  spirituous  or  vinous 
liquors,  or  who  is  engaged  in  the  business  of  dealing  in  tobacco 
or  articles  manufactured  therefrom,  or  W'ho  is  an  agent  for  any  fire 
insurance  company  or  companies,  or  interested  therein,  or  in  the 
business  of  soliciting  fire  insurance,  or  who  shall  have  been  en- 
gaged in  any  such  callings  or  business  within  one  year  previous 
to  the  date  of  appointment.  No  person  shall  be  qualified  to 
hold  the  office  of  police  commissioner,  while  he  holds  any  county, 
city  or  school  district  office.  A  majority  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  Before  entering 
upon  their  duties  each  of  said  officers  shall  take  and  subscribe 
an  oath,  to  be  filed  with  the  city  clerk,  faithfully,  impartially, 
honestly  and  to  the  best  of  his  ability,  to  discharge  his  duties 
as  a  member  of  said  board,  and  that  in  making  appointments 
or  considering  promotion  or  removals,  he  will  not  be  guided  or 
actuated  by  political  motives  or  influences,  but  will  consider 
only  the  interest  of  the  city,  and  the  success  and  effectiveness  of 
said   department. 

Section  60.  The  governor  may  remove  any  of  said  commis- 
sioners for  misconduct  in  office,  or  should  they,  or  any  of  them, 
become  disqualified  to  act  as  such  commissioner.  Any  citizen 
of  the  city  may  file  with  the  governor  written  charges  against 
any  commissioner  he  may  deem  guilty  of  misconduct  in  office 
and  the  governor  shall,  within  a  reasonable  time,  investigate  the 
same  upon  testimony  to  be  produced  before  him,  and  shall  make 
such  finding  as  to  the  truth  or  falsity  of  such  charges  as,  in  his 
judgment  such  testimony  warrants,  and  in  case  such  charges  are 
adjudged  by  him  to  be  sustained  by  the  evidence  he  shall  at  once 
remove  the  commissioner  so  found  guilty,  and  appoint  another 
qualificfl  to  fill  the  vacancy  thus  caused.  The  governor,  when 
sitting  to  investigate  charges  preferred  against  a  commissioner, 
shall  have  full  power  and  authority  to  compel  the  attendance  of 


32  CITY    CHARTER. 

witnesses  and  the  production  of  books  and  papers,  and  he  may 
hold  such  meeting  at  the  most  convenient  place  in  the  state  for 
the  purpose  of  such  investigation.  In  making  all  appointments, 
either  to  fill  vacancies  or  otherwise,  he  shall  so  appoint  that  not 
more  than  two  members  of  the  fire  and  police  commissioners 
shall  be  of  the  same  political  faith  or  party  allegiance. 

Section  61.  The  board  of  fire  and  police  commissioners  shall 
employ  a  chief  of  the  fire  department  and  other  officers,  and 
such  firemen  and  assistants,  as  may  be  proper  and  necessary 
for  the  effective  service  of  this  department,  to  the  extent  and 
limit  that  the  funds  provided  by  the  mayor  and  council  for  that 
purpose  will  allow.'  The  board  of  fire  and  police  commissioners 
shall  have  the  power  and  it  shall  be  the  duty  of  said  board  to 
appoint  a  chief  of  police,  and  such  other  officers  and  policemen, 
all  of  whom  shall  be  electors  of  such  city,  to  the  extent  that 
funds  may  be  provided  by  the  mayor  and  council,  to  pay  their 
salaries,  and  as  may  be  necessary  for  the  proper  protection  and 
efficient  policing  of  the  city,  and  as  may  be  necessar}^  to  protect 
citizens  and  property,  and  maintain  peace  and  good  order.  The 
board  may  appoint  such  number  of  police  matrons,  not  to  exceed 
two,  whose  duties  shall  be  defined  by  the  police  board. 

Section  62.  All  members  or  appointees  of  the  police  or  fire 
department  shall  be  subject  to  removal  by  the  board  of  fire  and 
police  commissioners,  under  such  rules  and  regulations  as  may 
be  adopted  by  said  board  whenever  said  board  shall  consider 
and  declare  such  removal  necessary  for  the  proper  management 
or  discipHne,  or  the  more  effective  working  or  service  of  the  police 
department.  No  member  or  officer  of  the  police  or  fire  depart- 
ment shall  be  discharged  for  pohtical  reasons,  nor  shall  a  person 
be  employed  or  taken  into  either  of  said  departments  for  pohtical 
reasons.  Before  a  policeman  or  fireman  can  be  discharged, 
charges  must  be  filed  against  him  before  the  board  of  fire  and 
police  commissioners  and  a  hearing  had  thereon,  and  an  oppor- 
tunity given  such  member  to  defend  against  such  charges,  but 
this  provision  shall  not  be  construed  to  prevent  peremptory  sus- 
pension of  such  member  by  his  superiors  in  case  of  misconduct 
or  neglect  of  duty  or  disobedience  of  orders.  Whenever  an}' 
such  suspension  is  made,  charges  shall  be  at  once  filed  before  the 
board  of  fire  and  police  commissioners  by  the  person  ordering 
such  suspension,  and  a  trial  had  thereon  at  the  second  meeting 
of  the  board  thereafter.     The  board  shall  have  the  power  to  en- 


CITY    CHARTER.  33 

force  the  attendance  of  witnesses  and  the  production  of  books 
and  papers,  and  to  administer  oaths  to  them  in  the  same  manner 
and  with  like  effect  and  under  the  same  penalties,  as  in  the  case 
of  magistrates  exercising  civil  and  criminal  jurisdiction  under 
the  statutes  of  the  state  of  Nebraska.  The  board  shall  have  such 
other  powers  and  perform  such  other  duties  as  may  be  authorized 
or  defined  by  ordinance. 

Section  63.  All  powers  and  duties  connected  with  and  incident  to 
the  appointment,  removal,  government,  and  discipline  of  the  officers 
and  members  of  the  fire  and  police  departments  of  the  city,  under 
such  rules  and  regulations  as  may  be  adopted  by  the  board  of 
fire  and  police  commissioners,  shall  be  vested  in  and  exercised 
b}'  said  board.  It  shall  be  the  duty  of  said  board  of  fire  and 
police  commissioners  to  adopt  such  rules  and  regulations  for  the 
guidance  of  the  officers  and  men  of  said  department,  for  the  ap- 
pointment, promotion,  removal,  trial  or  discipline  of  said  officers, 
men  and  matrons,  as  said  board  shall  consider  proper  and  neces- 
sary. 

Section  64.  It  shall  be  the  duty  of  the  mayor  to  enforce  the 
laws  of  the  state  and  the  ordinances  of  the  city,  to  order,  direct 
and  enforce,  through  the  officers  of  the  police  department,  the 
the  arrest  and  prosecution  of  persons  violating  such  laws  and 
ordinances,  to  cooperate  with  and  assist  the  sheriff  of  the  county 
in  suppressing  riots  and  mobs,  and  the  arrest  and  prosecution 
of  persons  charged  with  crimes  and  misdemeanors. 

Section  65.  It  shall  be  the  duty  of  policemen  to  make  a  daily 
report  to  the  chief  of  police  of  the  time  of  fighting  and  extinguish- 
ing of  all  public  lights  and  lamps  upon  their  beats,  and  also  any 
lamps  that  may  be  broken  or  out  of  repair.  '  They  shall  also  report 
to  the  same  officer  any  defect  in  any  sidewalk,  street,  alley  or 
other  public  highway,  or  the  existence  of  ice  or  dangerous  ob- 
structions on  the  walks  or  streets,  or  break  in  any  sewer,  or  dis- 
agreeable odors  emanating  from  inlets  to  sewers,  or  any  viola- 
tion of  the  health  laws  or  ordinances  of  the  city.  Suitable  blanks 
for  making  such  reports  shall  be  furnished  to  the  chief  of  police 
by  the  city  electrician  and  health  commissioner.  Such  reports 
shall  be  by  the  chief  of  police  transmitted  to  the  proper  officers 
of  the  city.  In  case  of  any  violation  of  law  or  ordinance  the 
policeman  making  the  report  shall  report  the  facts  to  the  city 
))ros('cutor.  Tlicy  shall  also  perform  such  other  duties  as  may 
be    required     by    ordinance. 


34  CITY    CHARTER. 

Section  66.  All  expenditures  of  moneys  in  the  funds  for  the 
maintenance  of  the  fire  department  and  of  the  police  department 
shall  be  under  the  direction  and  control  of  the  said  board  of  fire  and 
police  commissioners,  and  no  appropriation  from  said  funds  shall 
be  made  by  the  mayor  and  council,  except  upon  resolution  of 
said  board  entered  on  their  records. 

Section  67.  The  chief  of  police  shall  have  the  supervision  and 
control  of  the  police  force  of  the  city,  subject  to  the  orders  of  the 
mayor  and  board  of  fire  and  police  commissioners.  All  orders  of 
the  board  relating  to  the  direction  of  the  police  force  shall  be  given 
through  the  chief  of  police,  or  in  his  absence,  the  officer  in  charge 
of  the  police  force. 

Section  68.  The  chief  of  police  shall  be  the  principal  minis- 
terial officer  of  the  corporation.  He  shall,  by  himself  or  by  deputy, 
execute  all  writs  and  process  issued  by  the  police  judge;  he,  or 
one  of  his  deputies,  shall  attend  each  session  of  the  police  court 
and  perserve  order  therein;  and  his  jurisdiction  and  that  of  his 
deputies  in  the  service  of  process  in  all  criminal  cases,  and  in  cases 
for  the  violation  of  city  ordinances  shall  be  coextensive  with  the 
county.  The  chief  of  police  or  his  deputies  shall  take  bail,  when 
the  police  court  is  not  in  session,  in  all  bailable  cases  for  the  ap- 
pearance before  said  court  of  persons  under  arrest;  but  such  bail 
shall  be  subject  to  the  approval  of  the  police  judge. 

Section  69.  He  shall  be  subject  to  the  orders  of  the  maj^or  in 
the  suppression  of  riots  and  tumultuous  disturbances  and  breaches 
of  the  peace;  he  may  pursue  and  arrest  any  person  fleeing  from 
justice  in  any  part  of  the  state.  And  shall  forthwith  bring  all 
persons  by  him  arrested  before  the  police  judge  for  trial  or  exami- 
nation, he  may  receive  and  execute  any  proper  authority  for  the 
arrest  and  detention  of  criminals  fleeing  or  escaping  from  other 
places   or  states. 

Section  70.  He  shall  have,  in  the  discharge  of  his  proper  duties, 
like  powers  and  be  subject  to  like  responsibilities,  as  sheriffs  in 
similar  cases. 

Section  71.  Each  policeman  shall  give  a  bond  conditioned 
as  provided  in  this  act  and  shall  have  the  same  powers  as  constables 
in  arresting  all  offenders  against  the  laws  of  the  state,  and  may 
arrest  all  offenders  against  the  ordinances  of  the  city  with  or 
without  a  warrant.  In  discharge  of  their  duties  as  policemen 
they  shall  be  subject  to  the  immediate  orders  of  the  chief  of  police. 


CITY    CHARTER.  35 

Section  72.  The  board  of  fire  and  police  commissioners  is 
hereby  authorized  to  create  a  pohce  rehef  fund  by  assessing  upon 
each  member  of  the  pohce  force  a  sum  to  be  deducted  from  the 
monthly  pay  of  each  member,  not  exceeding  one  per  centum  thereof, 
and  the  sum  so  fixed  and  deducted  shall  be  paid  to  some  person 
or  bank  designated  as  treasurer  of  such  fund,  and  shall  be  used 
exclusively  to  reheve  members  of  the  force  when  sick  or  disabled 
from  the  performance  of  duty,  for  funeral  expenses,  relief  of  their 
famihes  in  case  of  death,  or  for  pensions  when  honorably  retired 
from  the  force.  Said  board  is  also  authorized  to  create  a  rehef 
fund  for  firemen  under  the  same  regulations  as  the  said  pohce 
rehef  fund,  and  may  assess  each  fireman  a  sum  not  exceeding 
one  per  centum   of  his   monthly  salary. 

Section  73.  All  moneys  received  from  fines  imposed  upon 
members  of  the  pohce  force  of  such  city  for  violations  of  the  rules 
and  regulations  of  the  police  department;  one-fourth  of  all  re- 
wards given  or  paid  to  the  members  of  the  pohce  force  of  such  city, 
except  such  as  shall  be  excepted  by  said  board,  and  all  moneys 
arising  from  the  sale  of  unclaimed  property  or  money  after  de- 
ducting all  expenses  incident  thereto,  shall  be  paid  to  the  credit 
of  such  fund.  The  fire  and  police  commissioners  shall  be  trustees 
of  the  fund,  and  shall  invest  the  same  from  time  to  time,  when 
there  is  a  surplus,  in  United  States  bonds,  bonds  of  the  State  of 
Nebraska,  bonds  and  general  fund  warrants  of  such  city  or  bonds 
and  general  fund  warrants  of  the  county  in  which  such  city  is 
located.  Provided,  That  it  shall  be  the  duty  of  the  treasurer  of 
such  funds  to  deposit  and  keep  at  interest  so  much  of  said  funds 
as  may  not  be  invested  as  aforesaid,  in  such  bank  in  such  city 
as  may  be  designated  by  the  board  of  directors  of  the  pohce  rehef 
fund,  hereinafter  mentioned,  and  approved  by  the  board  of  fire 
and  police   commissioners.  * 

Section  74.  The  members  of  the  pohce  force  of  the  city  shall 
make  such  rules  and  regulations  as  to  the  disbursement  of  the 
pohce  relief  fund  to  the  members  as  they  may  deem  proper,  such 
rules  and  regulations  to  be  approved  by  the  board  of  fire  and 
police  commissioners.  And  the  members  of  the  police  force, 
each  having  one  vote,  shall  elect  annually,  on  the  first  Wednesday 
after  the  first  day  of  June  in  each  year,  a  board  of  seven  members 
from  their  own  number,  to  be  known  as  the  board  of  directors 
of  the  police  relief  fund,  to  whom  shall  be  intrusted  the  entire  man- 
agement of  the  fund  and  its  disbursements,  subject  to  the  approval 


36  CITY    CHARTER. 

of  the  board  of  fire  and  police  commissioners  as  herein  provided. 
The  firemen  shall  also  make  such  rules  and  regulations  and  shall 
elect  a  board  of  directors  at  the  same  time  and  in  the  same  manner. 

Section  75.  The  board  of  directors  shall  organize,  electing  a 
president  and  secretary,  and  no  payment  of  any  money  shall  be 
made  from  the  relief  fund,  save  for  investment  by  the  trustees, 
except  upon  the  order  of  the  board  of  directors,  signed  by  the 
president,  countersigned  b}^  the  secretary,  and  approved  by  the 
board  of  fire  and  police  commissioners.  Members  who  have 
resigned,  or  have  been  dismissed  from  the  force,  shall  have  no 
interest  in  or  claim  on  such  funds,  and  members  who  are  honorably 
retired  from  the  force  shall  have  only  such  interest  in  the  fund 
as  may  be  fixed  in  the  rules  and  regulations  in  relation  to  the  fund 
by  the  board  of  directors,  and  approved  by  the  board  of  fire  and 
police    commissioners. 

Section  76.  When  a  patrolman  or  an  officer  of  a  higher  grade 
on  the  active  force  becomes  bodily  disabled  in  consequence  of 
and  while  in  the  performance  of  official  duty,  he  may  continue 
to  draw  his  regular  salary,  at  the  discretion  of  the  board  of  fire 
and  police  commissioners,  for  a  period  not  to  exceed  three  months. 
If  such  disability,  incurred  in  consequence  of  and  while  in  per- 
formance of  official  duty,  shall  appear  to  be  of  such  a  character 
as  to  permanently  unfit  such  member  for  active  duty  upon  the 
police  force,  he  shall,  upon  the  recommendation  of  the  mayor 
and  the  approval  of  the  board  of  fire  and  police  commissioners, 
be  retired,  and .  shall  be  allowed  out  of  the  police  relief  fund  a 
pension  of  ten  dollars  per  month,  to  be  paid  monthly,  but  if  any 
member  of  the  force,  on  recovery  from  such  disability,  be  assigned 
to  duty  and  full  pay,  his  pension  shall  cease.  Patrolmen  and 
officers  of  a  higher  grade  who  have  done  faithful  service,  and  have 
been  disabled  so  as  to  unfit  them  for  serving  for  patrolmen,  or 
as  such  officers,  may  be  assigned  to  other  duties  suitable  to  their 
physical  abilities,  and  shall  always  have  preference  in  such  assign- 
ments. When  such  member  of  the  force  in  consequence  of  such 
partial  disability  has  been  assigned  to  any  position  having  a  rate 
of  compensation  lower  than  the  one  to  which  such  member  was 
entitled,  previous  to  his  disability,  such  assignment  shall  not  exclude 
him  from  receiving  a  pention  or  terminate  the  pension  which  may 
have  been  awarded  him.  The  pension  herein  provided  for  shall 
be  aside  from  and  in  addition  to  any  allowance  which  may  come 
from  the  police  relief  fund  provided  for  above.     Any  patrolman 


CITY    CHARTER.  37 

or  officer  of  a  higher  grade  who  has  served  faithfully  for  a  period 
of  fifteen  years  from  and  after  the  passage  of  this  act,  and  who 
has  reached  the  age  of  fifty  years,  may  on  retirement  from  active 
service,  on  recommendation  of  the  mayor  and  the  approval  of 
the  board  of  fire  and  police  commissioners,  be  allowed  a  pension 
of  ten  dollars  per  month,  to  be  paid  as  provided  above  for  pen- 
sions on  account  of  disability. 

Section  77.  All  officers  appointed  by  the  mayor  and  confirmed 
by  the  council  shall  hold  the  office  to  which  they  may  be  appointed 
until  the  end  of  the  mayor's  term  of  office,  and  until  their  succes- 
sors are  appointed  and  qualified,  unless  sooner  removed,  or  the 
ordinance  creating  the  office  shall  be  repealed,  except  as  other- 
ise  herein  provided.  If  the  mayor  shall  neglect  or  fail  to  make 
any  of  the  appointments  herein  designated  to  be  made  at  and 
within  the  time  herein  specified,  then  the  city  council  shall  be 
and  is  hereby  empowered  to  fill  such  offices  by  election,  a  majority 
of  the  entire  council,  being  requisite  to  elect  such  officer.  Any 
officer  thus  elected  by  the  city  council  shall  have  the  same  tenure 
of  office  and  the  same  power  and  authority  as  if  he  had  been  ap- 
pointed by  the  mayor  and  confirmed  by  the  council. 

Section  78.  The  appointment  of  officers  to  be  made  by  the 
mayor,  designated  in  this  act,  shall  be  made  and  submitted  to 
to  the  city  council  for  confirmation  at  a  session  to  be  held  on  the 
evening  of  the  fourth  Tuesday  following  each  general  city  election. 
Said  appointments  are  as  follows,  and  shall  be  made  and  con- 
sidered in  the  following  order:  City  engineer,  health  commis- 
sioner, plumbing  inspector,  boiler  inspector,  city  electrician  and 
city  prosecutor.  The  mayor  shall  also  submit  all  other  appoint- 
ments required  to  be  made  under  provisions  of  ordinances  not 
in  conflict  with  the  provisions  hereof  on  or  before  the  Sixth  Tues- 
day following  the  general  city  election. 

Section  79.  It  shall  require  a  majority  of  all  the  members  of 
the  council  to  confirm  each  of  said  appointments.  Upon  the 
failure  or  refusal  of  the  council  to  confirm  any  of  said  appoint- 
ments it  shall  be  the  dut.y  of  the  mayor  on  every  regular  council 
meeting  thereafter  to  submit  other  appointments  for  such  offices, 
if  the  appointee  thereto  be  not  confirmed,  and  to  so  continue 
until  approved  by  the  council.  No  name  shall  be  submit (cmI 
successively  more  than  twice  for  the  same  office. 

Section  SO.    lOacli  officer   eleclcil    iitHJci-    llic    proxisions    of    (his 


38  CITY    CHARTER. 

act  shall  be  responsible  for  the  service  rendered  by  all  deputies, 
employes,  and  agents,  under  his  direction  and  control.  He  shall 
have  the  power  to  appoint  and  remove  such  deputies,  employes 
and  agents  from  time  to  time  for  the  good  of  the  service.  All 
appointive  officers  shall  also  have  power  to  appoint  and  remove 
their  employes  in  the  same  manner  unless  otherwise  provided 
in   this    act. 

Section  81.  The  duties,  powers  and  privileges  of  all  officers 
of  every  character,  in  any  way  connected  with  the  city  govern- 
ment not  herein  defined,  shall  be  defined  by  ordinance,  and  the 
defining  by  this  act  of  the  duties  of  any  city  officer,  shall  not  pre- 
clude the  msiyoT  and  council  from  defining  by  ordinance  further 
and  additional  duties  to  be  performed  by  any  such  officer. 

Section  82.  The  maj-or  and  council  shall  have  power  to  create 
any  office,  or  employ  any  officer  or  employ  any  agent  they  deem 
necessar}^  for  the  government  and  best  interests  of  the  city,  and 
to  prescribe  and  regulate  the  duties,  powders  and  compensation 
of  all  officers,  agents,  and  servants  of  the  city  not  herein  provided 
for.  But  all  such  agents,  officers  and  servants  employed  or  ap- 
pointed under  this  act,  so  far  as  practicable,  must  be  qualified 
voters   of   said   city. 

Section  83.  The  mayor  and  city  council  may  create  other 
offices  than  those  enumerated  in  this  act  and  such  officers  shall 
be  <;reated  in  the  following  manner.  The  necessity  of  such  new 
office  shall  be  declared  by  resolution  proposing  the  salary  and 
duties  of  such  office.  After  such  resolution  has  been  published 
once  each  week  for  three  successive  weeks,  the  council  may  by 
ordinance  create  such  office  and  fix  a  reasonable  salary  not  ex- 
ceeding the  amount  fixed  in  such  resolution.  Such  offices  shall 
not  hereafter  be  created  unless  by  consent  of  the  mayor  and  two- 
thirds  vote  by  city   council. 

Section  84.  All  elective  and  appointive  officers  of  the  city 
shall  before  entering  upon  their  respective  duties,  take  and  sub- 
scribe the  oath  required  by  the  laws  of  the  state.  Said  oath  shall 
be  endorsed  upon  their  respective  bonds.  Where  no  bond  is  re- 
quired the  oath  shall  be  subscribed  before  the  city  clerk  and  filed 
in    his    office. 

Section  85.  All  official  bonds  of  said  officers  must  be  in  form 
joint  and  several  and  payable  to  the  city.  The  conditions  of 
such  bond  must  be  for  the  faithful  discharge  of  the  duties  of  the 


CITY    CHARTER,  39 

office  and  for  the  prompt  payment  or  delivery  of  all  monies  or 
property  received  by  him  as  such  officer  and  in  such  penalty 
and  with  such  other  conditions  as  are  required  by  law  or  ordinance 
creating  or  regulating  the  duties  of  the  office.  Unless  otherwise 
specified  by  this  act  all  official  bonds  shall  be  executed  by  one 
or  more  surety  or  guarantee  companies  of  recognized  or  estab- 
lished responsibihty  and  the  cost  thereof  shall  be  paid  from  the 
general  fund  of  the  city. 

Section  86.  Unless  otherwise  provided  in  this  act,  such  bonds 
must  be  endorsed  thereon  by  the  officer  or  officers  approving  the 
same,  before  the  same  is  filed  and  recorded  with  the  city  clerk. 
The  bonds  of  all  councilmen  and  the  city  clerk  shall  be  approved 
by  the  mayor  or  a  Judge  of  the  District  Court.  The  bonds  of  the 
mayor  and  all  other  elective  officers  shall  be  approved  by  the 
city  council  or  a  judge  of  the  district  court.  All  official  bonds  of  city 
officers  elected  under  the  provisions  of  this  act  must  be  approved 
and  filed  with  the  city  clerk  on  or  before  the  day  fixed  for  assum- 
ing the  duties  of  the  offices.  All  bonds  of  officers  appointed  under 
the  provisions  of  this  act  must  be  approved  and  filed  with  the 
city  clerk  within  thirty  days  after  the  date  of  their  appointment 
and  before  assuming  the  duties  of  their  respective  offices. 

Section  87.  If  any  person  elected  or  appointed  to  any  city 
office  shall  neglect,  fail,  or  refuse,  to  have  his  official  bond  executed 
and  approved  as  required  by  law,  and  filed  for  record  within  the 
time  limited  by  this  act,  his  office  shall  thereupon  ipso  facto  be- 
come vacant  and  such  vacancy  shall  thereupon  be  filled  by  election 
or  appointment  as  the  law  may  direct  in  other  cases  of  vacancy 
in  the  same  office. 

Section  88.  The  general  laws  of  the  state  governing  pubhc 
officers,  so  far  as  applicable,  shall  govern  and  fix  the  qualifica- 
tions and  liability  of  sureties,  the  penalties  for  failure  to  give 
bonds,  the  bonds  of  persons  appointed  to  fill  vacancies  or 
the  bonds  to  be  given  by  officers  reappointed,  re-elected,  or  hold- 
ing over. 

Section  89.  The  Mayor  and  City  Council  shall  have  power  to 
provide  for  the  filHng  of  such  vacancies  as  may  occur  in  the  office 
of  councilman  or  other  office  of  the  city,  and  to  provide  for  the 
removal  of  all  officers  of  the  city  for  misconduct,  incompetency 
or  malfeasance  in  office,  when  not  otherwise  provided  in  this 
act. 


40  CITY    CHARTER. 

Section  90.  The  Mayor  and  Cit}^  Council  shall  have  concurrent 
Jurisdiction  to  remove  from  office  any  officer  elected  or  appointed 
under  the  provisions  of  this  act,  except  ma3'or  and  council- 
man, for  the  following  causes:  1.  Conviction  of  a  felony.  2. 
Corruption  or  bribery.  3.  Drunkenness.  4.  Neglect  of  duty. 
5.  Any  malfeasance  in  office.  6.  Any  misconduct  or  mal- 
feasance in  office  which  is  defined  or  prohibited  by  the  laws  of 
the  state  governing  the  conduct  of  officers  of  cities  and  villages. 
The  complaint,  summons  and  procedure  shall  be  the  same,  so 
far  as  applicable,  as  provided  for  the  removal  of  county  officers. 

Section  91.  Upon  complaint  of  three  or  more  elective  officers 
of  such  city,  the  District  Court  of  the  county  in  which  such  city 
is  situated  shall  have  jurisdiction  to  remove  from  office,  any  of- 
ficer including  the   ^la^^or  or  any    Councilman. 

Section  92.  Any  city  officer  may  be  impeached  or  removed 
for  any  of  the  causes  mentioned  in  the  preceding  sections  or  for 
any  cause  provided  in  this  act.  The  complaint  shall  specify 
such  charges  and  shall  conform  to  the  requirements  of  the  code 
of  civil  procedure,  and  the  complainants  shall  give  a  bond  in  the 
sum  of  $1,000.00  in  favor  of  the  officer  complained  against,  con- 
ditioned for  the  payment  of  all  damages  and  costs,  if  such  im- 
peachment   is    not    sustained. 

Section  93.  The  judges,  or  one  of  them,  may  issue  the  proper 
writ,  requiring  such  officer  to  appear  before  him,  on  a  day  there- 
in named,  not  more  than  ten  days  after  the  service  of  such  writ, 
together  with  a  copy  of  such  charges  and  specifications,  and  re- 
cjuiring  such  officer  to  show  cause  why  he  should  not  be  removed 
from  his  office.  The  proceedings  in  such  case  shall  take  prece- 
dence of  all  civil  causes  and  be  conducted  according  to  the  rules 
of  such  court  in  such  cases  made  and  provided,  and  such  officer 
may  be  suspended  from  the  duties  of  his  office  during  the  pendency 
of  such  proceedings  by  the  order  of  said  court.  During  the  time 
any  appointive  officer  is  suspended  the  ^layor  and  council  may 
appoint  any  competent  person  to  perform  the  duties  of  such 
officer  suspended  and  provide  for  his  compensation,  and  require 
him  to  execute  a  sufficient  bond  for  the  faithful  performance  of 
the  duties  of  the  office.  If  it  should  appear  to  the  court  upon 
the  trial  that  such  officer  has  been  guilty  of  malfeasance  in  office, 
the  court  shall  enter  a  judgment  removing  such  officer  from  his 
office. 

Section  9.4.    The  ]\Iayor,   councilmen    and    all    other    officers. 


CITY    CHARTER.  41 

agents  and  employes  of  the  city  are  especially  prohibited  from 
soliciting  or  receiving,  directly  or  indirectly,  any  contribution  of 
money  or  supplies  of  whatsoever  kind,  or  any  valuable  or  special 
privilege  at  the  hands  of  any  city  contractor,  his  or  their  agents, 
or  from  any  franchised  municipal  corporation  for  anj^  purpose 
whatsoever,  and  such  conduct  shall  constitutje  malfeasance  in  office. 
Xo  officer,  appointee,  agent  or  employe  shall  directly  or  in- 
directly solicit  or  receive  any  gift  or  contribution  of  money  or 
supplies,  or  any  valuable  service,  from  any  appointee,  agent  or 
employe  of  such  city,  for  the  benefit  of  the  person  asking  for  such 
gift  or  contribution  or  for  the  benefit  of  another.  Any  violation 
of  this  provision  shall  constitute  a  misdemeanor  and  shall  sub- 
ject the  offender  to  a  fine  of  not  exceeding  fifty  (.$50.00)  dollars 
or  to  imprisonment  for  a  term  not  exceeding  thirty  days. 

Section  95.  No  officer  or  agent  of  the  city  shall  solicit,  directly 
or  indirectly,  the  political  support  of  an}-  contractor,  municipal 
franchised  corporation  or  railway  company,  or  the  officials  or 
agents  of  such  companies,  for  any  municipal  election  or  for  any 
other  election  or  primary  election  held  in  the  city  in  pursuance 
of  law.  Nor  shall  any  franchised  corporation  or  railway  company 
through  its  agents  or  officials,  or  by  any  other  means,  furnish  or  ap- 
propriate any  money,  directly  or  indirectly,  to  promote  the  success 
or  defeat  of  any  person  whomsoever,  in  any  election  or  primary 
election  held  in  such  city,  or  to  promote  or  prevent  the  appoint- 
ment or  confirmation  of  any  appointive  officer  of  such  city.  A 
violation  of  any  of  these  provisions  on  the  part  of  any  officer  or 
agent  of  the  city  shall  be  deemed  malfeasance  in  office,  and  on 
conviction  thereof  such  officer  shall  be  removed  from  office  by 
order  of  the  court,  and  fined  in  any  sum  not  to  exceed  five  hundred 
dollars.  A  violation  of  any  of  these  provisions,  on  the  part  of 
any  franchised  corporation  through  its  officials  or  agents,  upon 
conviction  by  any  court  of  competant  jurisdiction,  shall  subject 
such  corporation  to  forfeiture  of  its  franchise  and  the  imposi- 
tion of  a  fine  of  not  exceeding  five  hundred  dollars  upon  each  and 
every  officer  or  agent  of  such  companies  who  shall  have  been 
proven  guilty  of  such  violation.  If  any  officer  or  agent  of  the 
city  shall  make  a  demand  for  money  or  other  consideration  of  a 
franchised  corporation,  or  public  contractor,  or  their  agents,  with 
a  threat  to  introduce  or  support  a  measure  or  vote  for  any  specific, 
or  propose  a  resolution  or  oidinance,  adverse  to  their  interests,  if 
such  demand  be  not  complied  with,  or  if  sucti  officer  or  agent  shall 


42  CITY    CHARTER. 

offer  to  prepare  or  introduce  or  support  a  resolution  or  ordinance 
favorable  to  such  company  or  contractor  for  a  valuable  considera- 
tion such  action  shall  be  deemed  a  malfeasance  in  office  and  upon 
conviction  thereof,  such  offender  shall  be  fined  in  any  sum  not 
exceeding  five  hundred  dollars,  and  such  officer  shall  be  removed 
from  office  by  direction  of  the  court. 

Section  96.  Any  officer  of  the  city,  or  member  of  the  city 
council  or  any  employe,  who  shall  by  himself  or  agent,  or  as  the 
agent  or  representative  of  any  other  person  or  corporation,  be- 
come a  party  to,  or  in  any  way  interested  in  any  contract,  or  who 
shall  in  any  manner  be  pecuniarily  interested  in,  or  receive  any 
portion  of  the  wages  or  pay,  of  any  person  or  team,  or  furnish 
any  material  to  be  used  in  such  work  or  under  such  <3ontract,  or 
who  shall  accept  or  receive  any  valuable  consideration  or  promise 
for  his  influence  or  vote,  shall  be  guilty,  of  malfeasance  in  office 
and  shall  be  fined  in  any  sum  not  exceeding  three  hundred  dollars 
or  imprisonment  in  the  county  jail  not  exceeding  six  months,  or 
both,  in  the  discretion  of  the  court. 

Section  97.  All  citizens  of  this  state  and  other  persons  inter- 
ested in  the  examination  of  the  records  kept  by  any  officer  of  the 
city,  are  hereby  fully  empowered  and  authorized  to  examine  the 
same  free  of  charge  during  the  hours  the  respective  offices  may 
be  kept  open  for  the  ordinary  transaction  of  business.  The  mayor 
and  city  council  shall  have  power  to  require  from  any  officer  of 
the  city  at  any  time,  a  report  in  detail  of  the  transactions  in  his 
office,  or  any  matter  connected  therewith. 

Section  98.  It  shall  be  the  duty  of  the  city  treasurer,  city 
clerk,  comptroller,  city  engineer,  city  attorney,  city  prosecutor. 
poHce  judge,  board  of  fire  and  police  commissioners,  commissioners 
of  health,  board  of  park  commissioners,  and  each  and  every  other 
official,  board  or  department  of  the  city,  and  whether  or  not  the 
same  be  herein  specified,  not  including  the  members  of  the  city 
council,  to  report  to  the  mayor  and  city  council  in  writing  annually 
on  or  before  the  first  day  of  February,  a  full  and  detailed  state- 
ment of  all  receipts  and  expenditures,  funds,  property,  and  of  all 
acts,  doings,  transactions,  employments  and  proceedings  of  theirs 
and  each  of  said  boards,  departments,  position  or  office  for  and 
during  the  preceding  fiscal  year.  A  monthly  statement  of  all 
moneys  and  fees  received  by  officers  of  the  city  must  be  reported 
on  the  first  day  of  each  subsequent  month  to  the  comptroller  in 
addition  to  the  statement  said  officials  are  required  to  furnish 
the  treasurer. 


CITY    CHARTER.  43 

Section  99.  The  treasurer  shall  report  to  the  mayor  and  council 
annually,  on  the  first  Tuesday  of  February,  a  full  and  detailed 
account  of  all  receipts  and  expenditures  during  the  preceding 
fiscal  year,  and  the  state  of  the  treasury,  and  a  statement  in  detail 
of  the  indebtedness  and  financial  condition  of  the  city.  He  shall 
also  keep  a  registry  of  all  warrants  redeemed  and  paid  during  the 
year,  describing  such  warrants,  their  date,  amount,  the  number, 
the  fund  from  which  paid  and  the  persons  to  whom  paid,  specify- 
ing also  the  time  of  payment;  and  all  warrants  shall  be  examined 
by  the  finance  committee  of  the  city  council  at  the  time  of  making 
such  annual  report. 

Section  100.  The  Comptroller  shall  prepare  and  cause  to  be 
published  in  pamphlet  form,  a  statement  of  the  receipts  and  ex- 
penditures of  the  City  during  the  fiscal  year  commencing  January 
first  and  terminating  December  thirty-first,  annually.  Such  state- 
ment shall  disclose  the  expenditures  of  each  department  and  each 
board  as  compared  with  at  least  two  prior  years.  The  City  Council 
shall  order  payment  of  the  cost  of  such  printing.  Such  statement 
must  contain  the  names  of  each  officer,  agent,  attorney  or  other 
employe  of  each  department,  and  exhibit  the  salary  or  fees  paid 
to  each  person  and  the  total  amount  paid  to  each  person  during 
the  year. 

Section  101.  Dunng  the  month  of  December  of  each  year, 
the  mayor  and  city  council  shall  prepare,  or  cause  to  be  prepared, 
a  list  of  all  supplies  required  for  each  office  and  department  or 
board  for  the  ensuing  year.  vSuch  fist  shall  designate  clearly  the 
quantity  and  quahty  of  the  articles  required,  but  shall  not 
.specify  the  particular  product  of  any  manufacturer. 

The  city  clerk  shall  advertise  for  bids  on  the  articles  in  such 
list  for  at  least  three  successive  days,  in  the  official  newspaper. 
Such  advertisement  shall  state,  in  substance,  that  at  a  certain 
stated  regular  meeting  of  the  city  council,  bids  will  be  received 
and  opened  for  all  such  supphes,  and  it  shall  be  sufficient  in  such 
advertisement  to  describe  the  articles  in  a  general  way  and  refer 
to  such  list  as  being  on  file  in  the  office  of  the  city  clerk.  Such 
bids  shall  be  received  at  the  first  regular  meeting  of  the  city  council 
held  after  such  advertisement  has  been  completed,  and  awards 
shall  be  made  at  the  next  regular  meeting  thereafter.  Bidders 
shall  not  be  required  to  bid  on  all  items  included  in  such  estimate, 
nor  upon  all  items  in  one  class.  The  Council  may  accept  the  lowest 
and  best  l^id  on  any  item  or  items  and  may  reject  any  and  all  bids. 


44  CITY    CHARTER. 

Provided,  that  other  or  additional  supplies  not  exceeding  the 
value  of  fifty  dollars  for  any  officer  or  board  may  be  purchased  on 
the  request  of  the  mayor  and  comptroller. 

Section  102.  The  foregoing  list  shall  not  include  supplies  for 
public  improvements,  street  cleaning  or  repairs,  or  horses,  hose, 
engines,  vehicles  or  implements  used  by  the  Park  Board,  Fire  De- 
partment or  Police  Department.  A  list  of  such  supplies  may  be  made 
and  advertised  for  at  any  time  upon  request  of  the  proper  board 
or  officer,  but  subject  to  all  the  foregoing  provisions  and  restric- 
tions as  to  the  bids  and  bidders  and  the  advertisement  for  bids. 
The  foregoing  list  shall  not  include  the  books,  documents  or  other 
papers  or  materials  purchased  by  the  library  board. 

Section  103.  The  mayor  and  council  shall  have  power  by  ordi- 
nance to  contract  with  any  competent  party  for  the  supplying 
and  furnishing  of  water,  gas  or  electric  light,  or  electric  power  to 
the  public  or  private  consumers  within  such  city,  and  the  rates, 
terms  and  conditions  upon  which  the  same  may  and  shall  be 
supplied  and  furnished  during  the  period  named  in  the  ordinance  or 
contract,  but  no  franchise  shall  be  granted,  extended  or  modified 
except  as  provided  in  this  act.  Any  such  contract  exceeding  the 
term  of  ten  years  shall  be  void. 

Section  104.  The  City  Clerk  shall,  during  the  month  of  June 
of  each  year  advertise  for  three  days  in  some  daily  paper  for  pro- 
posals for  publishing  in  some  newspaper,  printed  in  the  English 
language,  and  published  in  the  city,  all  public  advertisements, 
notices,  and  ordinances  and  all  other  matters  on  account  of  the  city, 
for  the  period  of  one  year  and  until  another  contract  has  been 
negotiated.  Such  daily  paper  must  have  been  published  con- 
tinuously for  at  least  five  years  immediately  preceding  the  time 
of  making  the  bid  and  must  have  had  at  least  5,000  paying,  carrier 
delivery  subscribers  in  said  city,  during  at  least  one  year  im- 
mediately preceding  the  time  of  making  the  bid.  All  bids  shall 
be  directed  to  the  city  clerk  and  shall  be  presented  to  the  council 
at  its  first  meeting  in  July,  the  lowest  and  best  bidder  taking  into 
consideration  the  relative  circulation  of  such  newspaper  in  said 
city,  shall  be  awarded  such  contract  designating  the  official  news- 
paper of  said  city.  In  such  contract  it  shall  be  stipulated  that 
copies  of  the  newspaper  shall  regularly  be  left  at  the  office  of  the 
Mayor  and  City  Clerk  and  City  Attorney,  as  ordinarily  distributed 
to  regular  subscribers.  Provided  further  that  the  prices  for  such 
advertising  shall  in  no  case  exceed  per  square  of  ten  (10)  lines,. 


CITY    CHARTER.  45 

unleaded  nonpareil  measurement,  first  insertion  fifty  (50)  cents 
per  square,  subsequent  insertions  thirty  (30)  cents  per  square 
each  insertion;  and  provided  further  that  whenever  deemed  advis- 
able the  mayor  and  council  may,  by  resolution  order  any  notice 
to  be  published  in  one  or  more  papers  in  addition  to  the  official 
paper,  at  the  same  rates  as  such  notice  is  published  in  the  official 
paper. 

In  addition  to  such  advertisement  there  shall  be  maintained 
in  a  conspicious  place  in  the  city  hall  an  official  bulletin  board 
on  which  shall  be  kept  typewritten  or  printed  copies  of  all  public 
notices  and  ordinances  required  to  be  pubhshed  by  law  under 
proper  classified  heads,  to- wit:  Proposals  for  bids  on  public 
works;  meetings  of  equalization  boards;  notices  relating  to  fran- 
chises and  all  ordinances;  notices  and  other  proceedings  required 
by  law  to  be  pubhshed.  In  case  of  the  refusal  or  neglect  of  any 
such  newspapers  to  advertise,  public  notices  at  the  rates  herein 
named,  then  the  posting  of  such  notices  on  the  official  bulletin 
board  shall,  of  itself  be  deemed  as  meeting  all  the  requirements 
of  advertisements  under  this  chapter.  All  such  posting  to  be 
done  by  the  city  clerk,  duly  witnessed  on  his  record  book  by  at 
least  two  persons  or  more.  Such  record  book  shall  show  the  date 
of  each  posting  and  its  expiration.  The  record  of  such  posting- 
shall  be  evidence  that  the  same  was  done  as  required  by  this  act. 
Provided,  however,  that  the  proof  of  the  compliance  with  either 
of  the  above  methods  shall  be  held  sufficient  proof  of  publication 
of  all  official  notices  required  by  this  act. 

Section  105.  All  persons  who  contract  with  the  city  for  work 
to  be  done,  or  material  or  supplies  to  be  furnished,  shall  give  bond 
to  the  city,  with  not  less  than  two  sureties  in  an  amount  not  less 
than  fifty  (50)  per  cent  of  said  contract,  for  the  faithful  perfor- 
mance of  the  same;  the  sureties  on  said  bonds  shall  be  resident 
freeholders  of  the  county  within  which  said  city  is  situated,  and 
shall  justify  under  oath  that  they  are  worth  double  the  amount 
for  which  they  may  sign  said  bond,  over  and  a):)ove  all  de])ts, 
liabilities,  obligations  and  exemptions.  The  mayor  and  council 
may,  however,  accept  security  from  one  or  more  reliable  surety 
or  guarantee  companies  for  the  same  amount. 

Section  106.  The  mayor  and  city  council  shall,  by. the  same 
ordinance  that  creates  an  improvement  district  for  paving,  repav- 
ing,   curbing  or  guttering,   direct   the  city  clerk   to  advertis(>     for 


46  CITY    CHARTER. 

and  receive  bids  upon  asphalt,  stone,  vitrified  brick,  vitrified 
brick  block,  artificial  stone,  macadam  and  such  other  material 
as  may  be  designated  by  the  mayor  and  council  for  such  improve- 
ment, using  such  general  terms  as  to  admit  of  the  widest  latitude 
for  competition.  The  advertisement,  and  specifications  for  bids, 
and  petitions  designating  material  shall  not  specify  the  paving  mate- 
rial for  asphalt  pavement  from  any  particular  mine,  place,  locality 
or  factory,  nor  by  any  particular  name,  but  shall  be  simply  for 
ashpalt;  but  in  all  other  classes  of  pavement  enumerated  in  this 
section,  or  which  may  be  ordered  by  the  Mayor  and  Council,  such 
petitions  may  specify  the  particular  kind  of  brick,  brick  block, 
\'itrified  brick,  stone,  and  so  on,  which  the  owner  of  the  property 
may  desire,  but  all  bidders  shall  be  required  to  designate  the 
locality,  quarry,  kiln  or  factory  from  which  will  be  furnished  the 
specific  material  to  be  used  by  them  with  its  commercial  desig- 
nation. Thereafter  the  city  engineer  shall  keep  in  his  office  in 
convenient  form,  a  list  showing  the  specifications  and  the  prices 
bid  on  the  respective  materials,  and  such  list  shall  be  pubHshed 
for  three  days  in  the  official  paper  for  the  information  of  the  prop- 
erty owners  in  making  their  selection  of  the  specific  material  they 
desire  used  in  making  said  improvements.  The  improvements 
herein  referred  to  shall  be  done  by  contract  with  the  lowest  re- 
sponsible bidder  with  the  material  designated  as  hereinafter 
provided.  All  such  bids  shall  be  received  and  opened  at  the  same 
time  at-  a  regular  meeting  of  the  city  council.  The  council  may 
reject  any  and  all  bids. 

Section  106a.  In  all  specifications  for  materials  to  be  used  in 
paving,  curbing  and  guttering  of  every  kind  the  city  engineer 
shall  establish  a  standard  of  strength,  and  quality  to  be  demon- 
strated by  physical,  and  chemical  tests  within  the  limits  of  reason- 
able variation  such  as  rattler,  crushing,  absorption  chemical  and 
other  tests,  and  in  every  instance  the  material  shall  be  described 
in  the  specifications  either  by  standard  or  quality  as  will  admit 
of  genuine  competition  between  contractors,  so  that  there  can 
be  at  least  two  or  more  bids  by  individuals  or  companies  in  no 
manner  connected  with  each  other,  and  no  material  shall  be  speci- 
fied which  shall  not  be  subject  to  such  competition. 

Section  107.  The  mayor  and  city  council  shall  have  the  author- 
ity to  create  street  improvement  districts  for  the  purpose  of 
improving  the  streets,  alleys  or  other  pubHc  grounds  therein,  by 
paving,    repaving,    macadamizing,    curbing    and    guttering    or   I'e- 


CITY    CHARTER.  47 

curbing  and  guttering,  in  sucli  manner  as  may  be  determined  upon. 
The  mayor  and  city  council  shall  have  power  to  levy  special 
taxes  or  assessment,  on  account  of  said  improvement,  on  any  or 
all  property  benefited  thereby  according  to  the  special  benfits 
received  by  said  property  from  said  improvement.  None  of  the 
improvements  herein  named  shall  be  ordered  unless  there  are  suf- 
ficient funds  on  hand  or  authorized  to  pay  for  the  improvement 
of  the  street  and  alley  intersections  and  such  other  portions  of 
the  street  or  alley  to  be  improved  as  are  not  subject  to  special 
taxation. 

I.  The  mayor  and  city  council  may  order  such  improvement, 
except  repaving,  by  ordinance  and  cause  it  to  be  made  when  it  is 
embraced  in  any  district  the  outer  bounderies  of  which  shall  not 
exceed  a  distance  of  three  thousand  feet  from  any  of  the  streets 
surrounding  the  court  house  grounds  of  the  county  within  wliich 
such  city  is  located. 

II.  The  mayor  and  city  council  shall  have  power  to  order 
any  of  the  improvements  hereinbefore  mentioned,  in  any  improve- 
ment district  outside  of  said  three  thousand  feet  limit,  and  also 
repaving  in  any  improvement  district  within  said  Hmit,  and  cause 
the  same  to  be  made  upon  any  street  or  alley,  but  only  upon 
petition  of  the  record  owners  of  a  majority  of  the  frontage  of 
taxable  property  in  said  district. 

III.  When  the  record  owner  of  three  fifths  of  the  foot  front- 
age of  taxable  property  abutting  on  any  street,  or  part  thereof, 
heretofore  paved,  petition  the  mayor  and  city  council  to  change 
the  character  of  the  pavement  on  such  street  or  part  of  street, 
and  consent  to  the  removal  of  the  existing  pavement  then,  and 
in  that  case,  the  mayor  and  council  shall  have  power,  and  it  shall 
be  their  duty,  regardless  of  the  condition  of  the  existing  pavement, 
to  order  said  street  or  part  thereof  to  be  repaved,  in  the  same 
manner  as  provided  herein  for  repaving  of  streets. 

Section  108.  The  mayor  and  city  council  shall  have  power  to 
compel  any  water  company,  gas  company,  or  other  person,  cor- 
poration or  firm  owning  or  controlling  any  pipes  or  other  under- 
ground conduits  or  other  appHances,  to  provide  for  and  construct 
all  connections  that  may  be  deemed  necessary  for  the  future,  to 
the  cur])  or  property  lines  in  all  streets  or  alleys  to  l)e  jmved.  re- 
paved  or  otherwise  inipioxcd  in  such  niannci-  and  in  conformity 
with  such  plans  as  may  be  determined   upon.        And  if  such  com- 


48  CITY    CHARTER. 

panics  or  other  parties  shall  neglect  to  carry  out  such  construction 
or  fail  to  make  the  connections  required  within  thirty  days  after 
the  same  shall  have  been  ordered,  then  the  city  engineer  shall  be 
empowered  to  cause  the  same  to  be  done,  and  for  the  purpose  of 
paving  therefor  the  cost  thereof  shall  be  deducted  from  such  ac- 
counts as  the  city  may  have  with  said  corporations  or  persons. 

I.  When  sewer  connections  for  sewerage  or  drainage  may 
be  deemed  necessary  or  advisable,  the  property  owners  shall  be 
given  thirty  days  from  the  publication  of  the  ordinance  ordering 
such  improvements  and  connections,  to  make  the  same  in  con- 
formity with  approved  plans,  to  be  kept  on  file  in  the  office  of  the 
city  engineer  the  publication  of  said  ordinance  ordering  such 
connections  in  the  official  paper  being  the  only  notice  re- 
quired to  be  given  said  property  owners,  and  upon  the  failure 
or  neglect  of  said  property  owners  to  construct  such  connections 
within  the  time  fixed,  the  city  council  shall  cause  such  work  to 
be  done  and  shall  enter  into  contract  therefor  with  the  lowest 
responsible  bidder,  and  the  cost  thereof  including  superintendence 
and  inspection  shall  be  assessed  against  the  property  to  which 
such  connections  have  been  made  in  the  same  mannner  as  special 
taxes  are  levied  for  other  purposes. 

II.  It  shall  be  the  duty  of  the  mayor  and  city  council  to 
give  the  property  owners  within  any  district,  thirty  days  from 
date  of  the  first  publication  of  the  bids  for  any  such  improve- 
ments to  designate  by  petition,  to  be  filed  with  the  city  clerk,  the 
specific  material  selected  from  those  designated  in  bids  received 
for  paving,  repaving,  curbing  or  guttering  which  they  desire  used 
in  the  improving  of  the  street  or  alley  or  other  grounds  within 
said  district,  and  in  case  the  record  owners  of  a  majority  of  the 
taxable  foot  frontage  of  property  upon  such  street  or  alley  to  be 
improved  within  said  district,  file  their  petition  within  such  thirty 
days,  designating  the  specific  material  which  they  desire  used 
in  making  such  improvement,  then  and  in  that  event  the  mayor 
and  city  council  shall  order  said  improvement  made  with  the 
specific  material  so  designated ;  but  in  case  the  record  owners  of  a 
majority  of  the  foot  frontage  of  taxable  property,  as  aforesaid, 
fail  to  designate  any  specific  material  bid  upon  for  said  improve- 
ment within  such  thirty  days,  then  and  in  that  event  the  mayor 
and  city  council  shall  designate  the  class  of  material  to  be  used 
in  making  such  improvements,  as  stone,  vitrified  brick,  vitrified 
brick  block,   asphalt  or  macadam,  etc.    and  the  mayor  and   city 


CITY    CHARTER.  49 

council  shall  award  such  contract  to  the  lowest  responsible  bidder 
of  the  class  so  designated.  The  pubHcation  of  the  bids  for  such 
improvement  as  hereinbefore  provided,  shall  be  the  only  notice 
required  to  be  given  to  the  property  owners  of  the  time  within 
which  said  petition  designating  choice  of  specific  materials  may 
be  filed. 

III.  All  petitions  for  improvements  in  this  chapter  pro- 
vided for  shall  be  upon  printed  blanks  and  shall  describe  the  part 
of  the  street  to  be  improved  and  the  improvement  desired,  shall 
have  a  column  for  the  name  of  the  property  owner,  also  columns 
for  the  date  of  each  signature,  the  name  of  the  addition  or  other 
description  of  property,  the  number  of  the  lot  and  block  and  the 
number  of  feet  frontage  and  depth;  the  acknowledgment  of  signa- 
tures shall  also  be  on  printed  blanks,  all  of  which  blanks,  shall  be  fur- 
nished by  the  city  clerk  upon  application.  The  signatures  to  said 
petitions  shall  have  no  condition  attached,  and  all  signatures 
shall  be  acknowledged  before  a  notary  public. 

IV.  All  petitions  for  the  purpose  of  designating  material 
shall  name  the  specific  material  selected  from  those  designated 
in  the  bids  received  as  hereinbefore  provided  and  shall  describe 
the  part  of  the  street  to  be  improved,  shall  have  columns  siinilar 
to  petitions  for  the  improvements,  and  shall  be  on  printed  blanks 
furnished  by  the  city  clerk  upon  application.  The  signatures  to 
petitions  designating  material  must  be  signed,  dated  and  acknowl- 
edged subsequent  to  the  opening  of  such  bids.  All  signatures  to 
petitions  for  improvements  or  designating  material  shall  be  written 
in  ink.  When  two  or  more  petitions  designating  material  con- 
taining the  same  signatures,  are  filed  with  the  city  clerk  within 
the  time  provided  for  such  filing  under  the  provisions  of  this  act, 
and  before  the  mayor  and  city  council  have  acted  upon  any  peti- 
tions sufficient  and  regular  in  form,  then  .the  signature  last  signed 
as  shall  appear  by  the  date  affixed  shall  be  recognized  as  the  govern- 
ing one  on  the  subject  referred  to. 

V.  Whenever  a  petition  for  an  improvement,  or  a  petition 
designating  material,  is  filed  with  the  city  clerk,  he  shall  cause 
the  hour,  day,  month,  and  year  when  so  filed  to  be  officially  marked 
upon  such  petition  and  duly  witnessed  in  writing  by  at  least  two 
persons;  said  city  clerk  shall  cause  said  petition  to  be  copied  in  a 
record  book  termerl  improvement  l^'tition  Book,  and  shall  within 
two  days  after  such  filing  furnish  lo  the  city  attorney  and  the 
city  engineer  each  a  certified  copy  thereof. 


:    CHARTER. 


50  CITY 

VI.  Petitions  after  having  been  filed  in  the  office  of  the 
city  clerk  shall  not  be  returned  or  withdrawn;  nor  shall  any  person 
be  allowed  to  add,  cancel,  erase,  withdraw,  or  in  any  wise  modif}^ 
any  signature,  or  other  writing  thereon.  Where  two  or  more 
petitions  are  filed  for  the  same  improvement  they  shall  be  con- 
sidered and  taken  together  as  one  petition. 

VII.  It  shall  be  the  duty  of  the  city  clerk  within  two  days 
after  the  filing  in  his  office  of  any  petition  for  an  improvement 
in  any  improvement  district  or  any  petition  designating  the 
material  to  be  used  in  any  improvement,  to  deliver  to  the 
city  attorney  and  to  the  city  engineer,  each  certified  copy 
of  said  petition,  and  it  shall  thereupon  be  the  duty  of  the 
city  attorney  to  examine  said  petition  and  certify  to  the  city 
council  whether  or  not  the  said  petition  and  the  signatures 
thereon  are  in  due  form  of  law,  and  how  many  feet  frontage  of 
taxable  property  within  said  district  are  legally  signed  for  by 
the  record  owners  thereof  upon  said  petition;  and  it  shall  be  the 
duty  of  the  city  engineer  to  examine  said  petition  and  certify  to 
the  city  council  the  total  foot  frontage  of  taxable  property  within 
said  district  and  whether  or  not  the  foot  frontage  of  the  taxable  prop- 
erty signed  for  upon  said  petition  is  correctly  stated,  and  he  shall 
attach  to  and  make  a  part  of  such  certificate  a  plat  of  said  im- 
provement district.  Such  certificates  when  filed  in  the  office  of 
the  citj^  clerk  shall  be  'prima  facie  evidence  of  the  truth  and  cor- 
rectness of  the  matter  therein  certified.  If  the  certificates  of  the 
city  attorney  and  city  engineer  show  the  petition  for  any  improve- 
ment to  be  irregular,  illegal  or  insufficient,  the  property  owners 
within  such  district  may  at  any  time  file  supplemental  petitions 
for  such  improvement  and  such  supplemental  petitions  shall  be 
considered  and  taken  as  a  part  of  the  original  petition.  Certified 
copies  of  such  supplemental  petitions  shall  be  delivered  to  the 
city  attorney  and  city  engineer  for  their  examination  and  certi- 
fication as  in  the  case  of  the  original  petition. 

VIII.  If  the  certificates  of  the  city  attorney  and  the  city 
engineer  show  that  the  petition  is  regular,  legal  and  sufficient  as 
hereinbefore  provided,  then  the  city  council  shall  by  resolution 
direct  the  city  clerk  to  cause  a  copy  of  said  petition  to  be  published 
for  three  (3)  days  in  the  official  paper  of  the  city,  with  a  notice 
thereto  attached  directed  to  the  property  owners  generally  in 
said  district  that  they  shall  have  twenty  (20)  days  from  the  first 
day's  publication  of  said  petition  and  notice  to  file  a  protest  in 


CITY    CHARTER.  51 

the  office  of  the  city  clerk  against  the  regularity  or  sufficiency  of 
said  petition,  or  any  signature  thereon.  This  provision  shall 
apply  only  to  petitions  for  an  improvement  and  shall  not  apply 
to  petitions  for  the  designation  of  materials  to  be  used  in  making 
said  improvement. 

IX.  The  property  owners  in  any  improvement  district  shall 
have  twenty  (20)  days  from  the  first  day's  pubUcation  of  said 
petition  as  notice  as  hereinbefore  provided  to  file  with  the  city 
clerk  a  protest  against  the  regularity,  legality  or  sufficiency  of 
said  petition  or  any  signature  thereon;  which  protest  shall  be 
verified  b}'  the  party  making  the  same,  who  shall  state  under 
oath  and  set  forth  with  particularity  all  the  defects  in  said  petition, 
and  if  relating  to  the  ownership  of  any  property,  shall  give  the 
name  and  address  of  the  true  owner  thereof,  and  shall  state  under 
oath  that  said  protest  is  made  in  good  faith.  At  any  time  Anthin 
ten  (10)  days  after  the  expiration  of  the  time  for  fifing  a  protest, 
supplemental  petitions  for  the  improvement  may  be  filed  and 
when  so  filed  shall  be  considered  as  a  part  of  the  original  petition, 
but  the  property  owners  within  such  districts  shall  have  ten  (10) 
days  from  the  date  of  fifing  of  such  supplemental  petitions 
in  which  to  file  a  protest  against  the  regularity,  legaHty  or  suf- 
ficiency of  any  of  the  signatures  thereon  or  against  the  original 
petition  as  so  supplemented.  No  further  notice  of  the  fifing 
of  such  supplemental  petition  shall  be  required  and  such  supple- 
mental petition  need  not  be  published.  When  any  such  protest 
has  been  filed  with  the  citj^  clerk  within  the  times  hereinbefore 
specified,  the  improvement  petitioned  for  shall  not  be  ordered 
until  the  cit}'  council  shall  have  given  the  party  protesting  a  hear- 
ing upon  such  protest  and  shall  have  upon  the  evidence,  found, 
adjudged  and  determined  said  petition  to  be  regular,  legal  and 
sufficient,  and  not  then  until  after  the  time  has  expired  for  per- 
fecting an  appeal  from  said  finding  judgment  and  determination. 

X.  In  case  a  protest  is  filed,  the  city  council  shall  have 
power  and  it  shall  be  their  duty  to  hear  and  by  resolution  de- 
termine and  adjudicate  the  objections  raised  by  any  protest  and 
all  matters  relating  to  the  regularity,  legality  and  sufficiency  of 
such  petition  and  supplemental  petition  at  a  special  meeting 
called  for  that  purpose,  but  only  after  giving  notice  to  the  party 
protesting  of  the  time,  place  and  purpose  of  the  said  meeting  of  said 
council.  Such  notice  shall  be  by  pubfication  in  the  oflicial  paper 
of  the  city  for  three  (3)  days  prior  to  said  meeting,  unless  said 
said  notice  is  waived  in  writin";. 


52  CITY    CHARTER. 

XI.  In  case  no  protest  is  filed,  within  the  time  hereinbefore 
provided,  the  city  council  shall  have  the  power  at  any  regular 
or  special  meeting,  without  further  notice,  to  find,  adjudge  and 
determine  by  resolution  that  such  petition  is  regular,  legal  and 
suf^cient. 

In  either  case,  such  resolution  of  determination  and  adjudi- 
cation shall  be  final  and  binding  as  the  final  order,  judgment  and 
determination  of  a  court  of  inferior  jurisdiction;  and  after  the 
passage  of  such  resolution  adjudging  said  petition  to  be  regular, 
legal  and  sufficient,  no  court  shall  entertain  any  action  for  the  pur- 
pose of  attacking  the  regularity,  legahty  or  sufficiency  of  such 
petition,  except  upon  appeal  as  hereinafter  provided.  If  said 
resolution  adjudes  and  determines  such  petition  to  be  regular, 
legal  and  sufficient,  the  mayor  and  city  council  shall  have  power 
and  jurisdiction  to  order  the  improvement  within  said  improve- 
ment district  by  ordinance,  provided  the  party  protesting  does  not 
M'ithin  ten  (10)  days  from  the  date  of  the  passage  of  said  resolu- 
tion perfect  an  appeal  to  the  district  court  from  said  finding,  judg- 
ment and  determination  of  the  city  council  as  hereinafter  provided. 

Any  person  protesting  against  a  petition  for  an  improvement 
as  hereinbefore  provided  shall  have  the  right  within  said  ten  (10) 
days  to  appeal  from  such  finding,  judgment  and  determination 
of  the  city  council  to  the  district  court  of  the  county  within  which 
such  city  is  located,  but  only  upon  filing  with  the  city  clerk  a  good 
and  sufficient  bond  in  the  sum  of  two  thousand  (2,000)dollars 
with  two  or  more  sureties  thereon,  to  be  approved  by  the  clerk 
of  said  city,  conditioned  that  the  said  party  so  appeahng  shall 
prosecute  his  appeal  in  said  district  court  without  delay  and  shall 
if  the  judgment  of  the  city  council  is  sustained  pay  all  costs  and 
expenses  of  such  appeal  and  pay  to  the  defendant  city  a  reasonable 
amount,  to  be  fixed  by  the  district  court,  as  attorney  fees,  and 
all  damages  sustained  by  reason  of  such  appeal.  The  remedy 
by  appeal  herein  allowed  shall  be  deemed  and  held  to  be  exclusive. 
In  case  the  city  council  shall  by  resolution  adjudge  and  deter- 
mine the  petition  to  be  irregular,  illegal  or  insufficient  the  said 
petition  shall  have  no  further  force  and  effect,  and  shall  not  be 
considered  in  any  future  proceeding  connected  with  such  im- 
provement. 

Section  109.  The  mayor  and  council  shall  have  power  by  resor 
lution  to  establish  the  grade  of  all  streets  and  alleys  without  a 
petition   of   the   owners   of   the   abutting   property.     When   such 


CITY    CHARTER.  53 

grade  has  been  established  it  may  be  changed  only  as  provided 
in  this  act. 

Section  110.  The  mayor  and  council  may  by  resolution  declare 
the  necessity  of  a  change  of  grade  of  any  street  or  part  of  street 
according  to  a  plat  and  specifications  prepared  by  the  city  engineer 
and  kept  on  file  in  his  office.  Such  resolution  shall  further  provide 
that  the  grades  on  such  street,  streets,,  or  part  thereof  will  be 
changed  as  proposed  unless  sufficient  owners  protest  against  such 
change  within  thirty  days.  Such  resolution  shall  be  published 
in  the  official  newspaper  for  five  consecutive  days.  The  council 
may  provide  for  additional  notices  to  be  served  upon  interested 
property  owners  or  posted  in  conspicious  places  along  such  street 
or  for  notice  by  mail,  but  the  failure  to  give  such  additional  notices 
shall    not   invalidate    such   proceedings. 

Section  111.  If  the  record  owners  of  property  representing  forty 
per  cent  of  the  taxable  property  abutting  on  the  street  or  streets 
affected  by  the  proposed  change  of  grade,  file  protests  with  the 
city  clerk  within  thirty  days  from  the  approval  of  such  resolution 
or  within  such  further  time  fixed  in  such  notice,  no  further  pro- 
ceedings shall  be  had  unless  the  record  owners  of  a  majority  of 
the  frontage  of  such  taxable  property,  shall  file  a  petition  for 
such  change  of  grade. 

Section  112.  The  mayor  and  council  may  also  order  a  change 
of  grade  by  ordinance  and  without  the  adoption  or  pubHcation 
of  a  resolution  as  above  provided,  when  a  petition  for  such  change 
of  grade  has  been  signed  by  the  record  owners  of  a  majority  of 
the  frontage  of  taxable  property  abutting  on  the  street  or  part 
of  street  affected  by  the  proposed  change  of  grade.  Such  petition 
and  ordinance  may  include  all  intersecting  streets  for  a  distance 
of  not  more  than  one  block  on  either  side  of  said  street. 

Section  113.  The  mayor  and  council  may  order  any  street  or 
streets,  or  parts  thereof  worked  or  reduced  to  the  established 
grade  by  resolution ;  permitting  protests  and  petitions,  or  by  ordi- 
nance upon  a  petition  of  the  record  owners  of  a  majority  of  the 
frontage  of  taxable  property,  in  the  same  manner  as  provided 
above  for  changing  the  grade  of  streets,  and  assess  one-half  the 
cost  thereof  upon  the  abutting  and  adjacent  property  according 
to  the  benefits  accuring  by  reason  of  such  grading.  No  street, 
or  part  thereof  shall  be  grarled  to  less  than  its  full  width,  or  to 
other  than  the  established  grade  except  upon  the  petition  of  record 


54  CITY    CHARTER. 

owners  representing  the  majority  of  the  frontage  of  taxable  prop- 
erty abutting  upon  said  street  or  part  thereof. 

Section  114.  But  the  city  council  shall  order  the  grading  of 
any  street  or  streets,  or  parts  thereof,  on  the  petition  of  the  record 
owners  representing  sixty  per  cent  of  the  frontage  of  the  taxable 
property  abutting  on  said  street  or  streets,  requesting  such  grad- 
ing to  be  done  without  cost  to  the  city.  In  such  case  the  entire 
cost  of  such  grading  shall  be  assessed  upon  the  property  benefited. 

Section  115.  Before  the  adoption  of  an  ordinance  changing 
the  grade  of  any  street  or  an  ordinance  ordering  any  street  or 
streets  reduced  to  the  estabhshed  grade,  the  council  shall  appoint 
a  committee  of  at  least  three  members  of  the  council  to  make  an 
appraisement  of  the  damages  arising  from  such  change  of  grade 
or  such  grading.  They  shall  take  into  consideration  the  amount 
of  the  special  benefits,  if  any  arising  from  such  change  of  grade  or 
grading,  and  shall  file  their  report  in  writing  with  the  city  clerk 
within  ten  days  from  the  date  of  their  appointment.  In  apprais- 
ing the  damages  for  grading  they  shall  exclude  any  damages 
resulting  from  any  change  or  changes  of  the  first  established 
grade. 

Section  116.  Any  owner  of  property  abutting  on  said  street 
who  files  a  written  protest  before  the  adoption  of  such  report  by 
the  council  may  appeal  within  thirty  days  after  the  adoption 
thereof  but  such  appeal  shall  not  operate  to  stay  the  passage  of 
the  ordinance  changing  such  grade  or  ordering  such  grading. 

Section  117.  All  damages  for  change  of  grade  or  for  grading, 
shall  become  due  and  payable  sixty  days  after  the  creation  of  a 
special  fund  therefor  by  the  assessment  of  such  damages  upon 
the  property  benefited  by  such  change  of  grade  or  grading. 

Section  118.  All  petitions  for  changing  the  grade  of  streets  or 
for  grading  streets,  shall  contain  a  waiver  of  damages,  and  all 
petitions  or  protests  must  conform  to  the  requirements  of  this 
act  relating  to  the  form  of  petitions  for  street  improvements. 
The  above  provisions  shall  not  apply  to  ordinary  repairs  of  streets 
or  alleys  or  to  such  minor  fills  or  cuts  as  may  be  necessary  to 
adjust,  construct  or  repair  sidewalks. 

Section  119.  The  council  shall  have  power,  and  is  hereby 
authorized  to  assess  the  damages  awarded  or  recovered  for  grading, 
change  of  grade  or  for  the  cost  of  grading  or  for  the  appropriation 
of  private  property,  upon  the  lots  and  lands  specially  benefited 


CITY    CHARTER.  55 

thereby;  and  in  case  of  the  appropriation  of  land  for  the  widening 
of  a  street,  avenue  or  alley,  the  council  may  consider,  for  the 
purpose  of  determining  benefits  and  equalizing  such  assessment, 
whether  any  portion  of  the  street,  avenue  or  alley  had  been  previ- 
ously donated  from  any  lot  or  piece  of  land  abutting  or  adjacent 
thereto;  Provided,  that  this  section  shall  not  be  taken  to  apply  to 
the  appropriation  of  any  gas  works,  electric  light  plant  or  water 
works  system,  plant  or  property. 

Section  120.  The  mayor  and  city  council  shall  have  power  to 
construct  or  repair  sidewalks  along  any  street  or  part  thereof  of 
such  material  and  in  such  manner  as  they  may  deem  necessary, 
and  to  assess  the  cost  thereof  upon  abutting  property.  Such 
assessments  except  for  wooden  sidewalks  and  sidewalk  repairs, 
shall  be  equahzed  and  levied  as  other  special  assessments. 

Section  121.  Where  the  grade  of  any  street  or  part  of  a  street 
has  not  been  established,  or  where  a  street  has  not  been  worked 
or  filled  to  the  estabhshed  grade,  or  where  a  street  has  been  graded 
but  does  not  conform  to  the  established  grade  the  owners  of 
lots  or  lands  abutting  on  such  street  shall  only  be  required  to 
construct  or  repair  such  sidewalks  along  such  streets  with  brick, 
macadam  or  such  other  material,  except  stone  or  artificial  stone, 
as  the  mayor  and  council  may  direct.  No  wooden  sidewalks 
shall  be  constructed  by  the  city  and  the  cost  thereof  assessed 
upon  the  abutting  property  except  where  the  mayor  and  council 
may  deem  it  inadvisable  to  build  permanent  sidewalks  and  shall 
by  concurrent  resolution  order  such  wooden  walk  to  be  constructed. 
Before  any  sidewalk  shall  be  constructed  or  repaired  by  the  city 
the  owner  or  owners  of  the  lots  or  lands  to  be  assessed  shall  be 
given  notice  to  construct  or  repair  such  sidewalk  and  shall  have 
twenty  days  after  the  giving  of  such  notice  within  which  to  con- 
struct or  repair  the  same.  Such  notice  shall  be  served  or  published 
as  directed  by  ordinance,  and  if  such  notice  be  by  publication  it 
shall  be  sufficient  to  address  such  notice  to  its  owner  general!}'. 
The  city  clerk  shall  give  an  additional  notice  by  registered  letter 
directed  to  the  last  known  address  of  such  owners  or  their  agents, 
but  the  failure  to  give  such  additional  notice  shall  not  invalidate 
such  proceedings  or  the  special  assessment  for  such  sidewalk.  In 
case  the  owner  or  owners  shall  fail  to  construct  or  repair  such 
sidewalk  as  directed  the  city  may  construct,  or  repair  said  walk 
and  assess  the  cost  thereof  upon  the  abutting  property.  Side- 
walks constructed  under  the  provisions  of  this  act  shall  not  exceed 


56  CITY    CHARTER. 

four  feet  in  width  except  when  constructed  upon  streets  conform- 
ing to  the  estabhshed  grade.  Where  the  owner  or  owners  of 
abutting  property  fail  to  keep  in  repair  the  sidewalk  adjacent 
thereto  they  shall  be  liable  for  all  damages  or  injuries  occasioned 
or  recovered  by  reason  of  the  defective  or  dangerous  condition 
of  such  sidewalk. 

Section  122.  The  mayor  and  City  Council  shall  have  power  to 
open,  extend,  widen,  narrow,  curb  and  gutter,  or  otherwise  im- 
prove and  keep  in  good  repair,  or  cause  the  same  to  be  done,  in 
any  manner  they  may  deem  proper,  any  street,  avenue,  or  alley 
within  the  limits  of  the  city.  They  shall  also  have  power  to  assess 
the  cost  of  such  improvement  upon  the  property  especially 
benefited  thereby,  and  to  assess  and  collect  the  same  as  other 
special  assessments. 

No  street,  alley,  or  avenue,  or  portion  thereof  shall  be  narrowed 
to  a  width  of  less  than  sixty-six  feet  except  on  a  petition  of  the 
record  owners  of  a  majority  of  the  foot  frontage  of  such  street 
or  portion  thereof. 

When  any  street  is  hereafter  narrowed  the  portion  thus  vacated 
shall  revert  to  the  owners  of  the  abutting  property.  The  city 
shall  retain  the  title  to  all  streets  that  are  vacated  until  sold  and 
conveyed  by  deed. 

Wherever  the  term,  street,  is  used  in  this  act  such  term  shall 
include  alleys,  avenues,  boulevards,  lanes,  or  any  form  of  public 
roadway  in  the  city. 

Section  123.  The  mayor  and  council  shall  have  power  to  pro- 
vide for  the  sprinkHng  of  the  streets  of  said  city,  and  for  the  purpose 
of  accomplishing  such  sprinkling,  may  by  ordinance,  create  suitable 
districts  to  be  designated  ''Sprinkling  Districts,"  and  may  order 
and  direct  the  work  of  sprinkHng  to  be  done  upon  the  streets,  or 
any  or  all  thereof,  therein.  Said  sprinkling  shall  be  done  only 
upon  contract  in  writing,  let  upon  advertisement  to  the  lowest 
responsible  bidder;  such  advertisement  shall  specify  the  district 
or  districts  proposed  to  be  sprinkled,  especially  describing  the 
same,  and  bids  shall  be  made  and  contracts  let  with  reference  to 
such  district  or  districts  so  specified.  For  the  purpose  of  paying 
the  cost  of  sprinkling  herein  contemplated  and  so  contracted 
for,  the  mayor  and  council  shall  have  power  and  they  are  hereby 
authorized  to  levy  and  assess  the  costs  of  sprinkling  in  any  district 
or  districts  upon  all  lots,  land,  grounds,  property  and  estate 
therein;  such  tax  or  assessment  to  be  equal  and  uniform  upon  all 


CITY    CHARTER.  57 

feet  front  of  propert}^  within  or  abutting  upon  the  streets, 
within  the  districts  so  created.  Such  assessment  shall  be  a  lien 
upon  all  such  lots,  lands  and  real  estate,  and  shall  be  enforced 
and  collected  as  are  other  special  assessments. 

Section  124.  The  mayor  and  council  shall  have  the  right  to 
control  and  direct  all  work  upon  the  pubhc  streets,  except  as  herein 
otherwise  provided,  also  by  ordinance  to  adopt  any  and  all  reason- 
able regulations  relating  to  excavations  in  the  streets,  or  public 
grounds  by  any  and  all  parties,  including  water  works,  gas  and  all 
other  franchised  corporations  or  public  contractors,  and  to  enforce 
such  regulations  may  impose  such  penalties  for  their  violation 
as  the}'  may  deem  proper. 

Section  125.  No  owner  of  real  estate  within  the  corporate 
limits  of  such  city  shall  be  permitted  to  sub-divide  said  real 
estate  into  blocks  and  lots,  or  parcels,  without  having,  first 
obtained  from  the  city  engineer  a  plat  or  plan  for  the  avenues, 
streets  and  alleys,  to  be  laid  out  within  or  across  the  same,  and 
such  plat  shall  be  made  so  that  such  avenues,  streets  and  alleys, 
so  far  as  practicable  shall  correspond  in  width,  name  and  direction 
and  be  continuous  of  the  avenues,  streets  and  alleys  in  the  city 
contiguous  to  or  near  the  real  estate  to  be  sub-divided  as  afore- 
said and  the  mayor  and  council  shall  have  power  to  compel  the 
owner  of  such  real  estate,  in  sub-dividing  the  same,  to  lay  out 
and  dedicate  to  the  public  the  avenues,  streets  and  alleys  to  be 
within  or  across  such  real  estate  in  accordance  with  said  plat 
and  shall  further  have  the  power  to  prohibit  the  selhng  or  offering 
for  sale  any  lots  or  parts  of  such  real  estate  not  sub-divided  and 
platted  as  herein  required.  Any  and  all  additions  to  be  made 
to  the  city  shall  be  made  so  far  as  the  same  relates  to  the  avenues, 
streets  and  alleys  therein,  under  and  in  accordance  with  the  fore- 
going   provisions. 

Section  126.  The  mayor  and  city  council  shall  have  power  by 
ordinance  to  change  the  boundaries  or  limits  of  metropohtan 
cities  where  the  owners  of  real  estate  within  the  boundaries  of 
such  city  petition  to  have  such  real  estate  disconnected.  But 
in  no  case  shall  such  limits  be  changed  unless  the  city  council 
finds,  (1)  that  such  lands  adjoin  the  limits  or  boundaries  of  the 
city,  (2)  that  such  lands  are  too  remote  from  the  inhabited  portions 
of  the  city  to  receive  the  benefits  of  city  government  including 
city  lights,  and  fire  and  police  protection,  (3)  That  such  lands  are 


58  CITY    CHARTER. 

used  for  agricultural  purposes,  (4)  That  the  amount  of  city  taxes 
levied  are  gross  and  inequitable  as  compared  to  the  benefit  de- 
rived from  such  taxation.  Before  the  adoption  of  any  ordinance 
changing  or  reducing  the  city  limits,  the  council  shall  estimate 
the  pro  rata  share  of  the  general  bonded  indebtedness  of  the  city 
which  should  be  paid  by  taxation  of  the  lands  to  be  disconnected 
and  shall  in  the  same  ordinance  assess  a  tax  on  such  land  equal 
to  such  share.  Such  tax  shall  be  collected  as  other  special  assess- 
ments. Any  petitioner  may  appeal  from  the  decision  of  the  city 
council  as  provided  in  this  act  but  the  remedy  by  appeal  shall  be 
exclusive.  Provided,  that  any  real  estate  situated  within  five 
hundred  (500)  feet  of  any  line  of  track  of  any  street  railway 
company,  or  within  any  street  improvement  or  sewer  district 
shall  not  be  disconnected  from  such  city. 

Section  127.  The  mayor  and  council  shall  have  power  to  con- 
struct- any  bridge  declared  by  ordinance  necessary  and  proper 
for  the  passage  of  railway  trains,  street  cars  or  motor  trains,  or  teams 
and  pedestrians  across  any  stream  either  adjacent  to  or  wholly 
within  any  cit}^  of  the  metropolitan  class  at  any  point  on  such 
stream  or  within  two  miles  from  the  corporate  limits  of  such  city 
with  such  conditions  and  regulations  concerning  the  use  of  such 
bridge  as  may  be  deemed  proper,  and  shall  have  power  to  license 
and  regulate  the  keeping  of  toll  bridges  within  or  terminating 
within  the  city  for  the  passage  of  persons,  teams  and  property 
over  any  river  passing  wholly  or  in  any  part  within  or  running  by  and 
adjoining  the  corporate  limits  of  any  such  city;  to  fix  and  deter- 
mine the  rates  of  toll  over  any  such  bridge,  or  over  the  part  thereof 
within  the  city,  and  to  authorize  the  owner  or  owners  of  any  such 
bridge  to  charge  and  collect  the  rates  of  toll  so  fixed  and  deter- 
mined, from  all  persons  passing  over  or  using  the  same. 

Section  128.  To  require  any  railway  company  or  companies 
owning  or  operating  any  railway  track  or  tracks  upon  or  across  any 
public  street  or  streets  of  the  cit}',  to  erect,  construct,  reconstruct, 
complete  and  keep  in  repair  any  viaduct  or  viaducts  upon  or 
along  such  street  or  streets  and  over  or  under  such  track  or  tracks, 
including  the  approaches  of  such  viaduct  or  viaducts  as  may  be 
deemed  and  declared  by  the  mayor  and  council  necessary  for  the 
safety  and  protection  of  the  pubHc.  Whenever  any  such  viaduct 
shall  be  deemed  and  declared  by  ordinance  necessary  for  the 
safety  and  protection  of  the  public,  the  mayor  and  council  shall 
provide  for  appraising,   assessing   and   determining   the   damage. 


CITY    CHARTER.  59 

if  any,  which  may  be  caused  to  any  property  by  reason  of  the 
construction  of  such  viaduct  and  its  approaches.  The  proceedings 
for  such  purpose  shall  be  the  same  as  provided  herein  for  the  pur- 
pose of  determining  damages  to  property  owners  by  reason  of  the 
grading  of  a  street,  and  such  damage  shall  be  paid  by  the  city, 
and  may  be  assessed  by  the  city  council  against  property  benefited. 
The  width,  heighth  and  strength  of  any  such  viaducts  and  ap- 
proaches thereto,  the  material  therefor,  and  the  manner  of  con- 
struction thereof,  shall  be  as  required  by  the  city  engineer,  and 
approved  by  the  mayor  and  council.  When  two  or  more  rail- 
road companies  own  or  operate  separate  lines  of  track  to  be  crossed 
by  any  such  viaduct,  the  proportion  thereof,  and  the  approaches 
thereto,  to  be  constructed  by  each,  or  the  cost  to  be  borne  by  each, 
shall  be  determined  by  the  mayor  and  council.  It  shall  be  the 
duty  of  any  railroad  company  or  companies  upon  being  required 
as  herein  provided  to  erect,  construct,  reconstruct  or  repair  any 
viaduct,  to  proceed  within  the  time  and  in  the  manner  re- 
quired b}^  the  mayor  and  council  to  erect,  construct,  reconstruct 
or  repair  the  same,  and  it  shall  be  a  misdemeanor  for  any  rail- 
road company  or  companies  to  fail,  neglect  or  refuse  to  perform 
such  duty,  and  upon  conviction  of  any  such  company  or  companies 
shall  be  fined  one  hundred  dollars,  and  each  day  such  company 
or  companies  shall  fail,  neglect  or  refuse  to  perform  such  duty 
shall  be  deemed  and  held  to  be  a  separate  and  distinct  offense, 
and  in  addition  to  the  penalty  herein  provided  any  company  or 
companies  shall  be  compelled  by  mandamus  or  other  appropriate 
proceedings  to  erect,  construct,  reconstruct  or  repair  any  viaduct 
as  may  be  required  by  ordinance  as  herein  provided.  The  maj^or 
and  council  shall  also  have  power  whenever  any  railroad  company 
or  companies  shall  fail,  neglect  or  refuse  to  erect,  construct,  re- 
construct or  repair  any  viaduct  or  viaducts  after  having  been 
required  so  to  do  as  herein  provided,  to  proceed  with  the  erection, 
construction,  reconstruction  or  repair  of  any  such  viaduct  or 
viaducts  by  contract  or  in  such  other  manner  as  may  be  provided 
by  ordinance,  and  assess  the  cost  of  the  erection,  construction, 
reconstruction  or  repair  of  such  viaduct  or  viaducts  against  the 
property  of  the  railroad  company  or  comjDanies  required  to  erect, 
construct,  reconstruct  or  repair  the  same,  and  such  costs  shall  be 
valid  and  subsisting  lien  against  such  property  and  shall  also  be 
a  legal  indebtedness  of  said  company  or  companies  in  favor  of  such 
city,  and  may  Ije  enforced  and  collected  by  suit  in  the  i)roi)er 
court. 


60  CITY    CHARTER. 

Section  129.  The  mayor  and  council  shall  have  power  to  lay 
off  the  city,  or  parts  thereof,  into  suitable  districts  for  the  purpose 
of  estabhshing  a  system  of  sewerage  and  drainage;  to  provide 
such  system  and  regulate  the  construction  and  repairs  and  use 
of  sewers  and  drains,  the  reconstruction  of  sewers  in  any  district 
or  part  thereof  and  all  proper  house  construction  and  branches 
and  provide  penalties  for  any  obstruction  of,  or  injury  to  any 
sewer  or  part  thereof,  and  to  require  and  compel  sewer  connec- 
tions to  be  made. 

Section  130.  Special  assessments  may  be  levied  by  the  mayor 
and  council  for*  the  purpose  of  paying  the  cost  of  constructing  or 
reconstructing  sewers  or  drains  within  the  city;  such  assessments 
to  be  levied  on  the  real  estate  benefited  by  the  sewer  so  constructed 
or  reconstructed  to  the  extent  of  the  benefits  to  such  property 
by  reason  of  such  improvement,  the  benefit  to  such  property  to 
be  determined,  equalized,  levied  and  collected  as  in  other  cases 
of  special  assessments.  Where  the  council,  sitting  as  such  board 
of  equalization,  shall  find  such  benefits  to  be  equal  and  uniform, 
such  levy  may  be  according  to  the  front  feet  of  lots  or  real  estate 
benefited,  or  according  to  such  other  rule  as  the  council,  sitting 
as  such  board  of  equalization,  may  adopt  for  such  distribution 
or  adjustment  of  such  cost  upon  the  lots  or  real  estate  benefited 
by  such  improvement. 

Section  131.  The  mayor  and  council  shall  by  ordinance  require 
.the  issuance  of  a  permit  to  connect  with  any  sewer  on  any  street, 
alley  or  private  property  and  shall  require  the  sewer  assessment 
on  the  abutting  property  to  be  paid  before  such  permit  is  issued. 
In  case  the  cost  of  the  sewer  has  not  been  assessed,  or  such  assess- 
ment has  been  declared  invalid  b}^  any  court  of  competent  juris- 
diction such  ordinance  shall  require  the  payment  of  the  pro  rata 
share  of  the  cost  of  such  sewer  before  such  permit  is  issued. 

Section  132.  The  mayor  and  council  shall  have  power  to  re- 
quire any  and  all  lots  or  pieces  of  ground  within  the  city  to  be 
drained,  filled  or  graded,  and  upon  the  failure  of  the  owners  of 
such  lots  or  pieces  of  ground  to  comply  with  such  requirements, 
after  thirty  days  notice  in  writing  the  mayor  and  council  may 
cause  the  same  to  be  drained,  filled  or  graded,  and  the  cost  and 
expense  thereof  shall  be  levied  upon  the  property  so  filled,  drained 
or  graded  and  shall  be  ec|ualized  and  assessed  and  collected  as 
other  special  assessments. 

Section  133.  The  mayor  and  council  shall  have  power  to  provide 


CITY    CHARTER.  61 

for  the  safety  and  protection  of  private  property  where  damages 
are  likeh'  to  occur  by  the  action  of  the  elements  or  through  the 
carelessness  or  negligence  of  any  servant  or  officer  of  the  city, 
and  to  establish,  alter  and  change  the  channels  of  streams  and 
water  courses  within  the  city  and  bridge  the  same.  Provided, 
that  any  such  improvement  costing  in  the  aggregate  a  sum  greater 
than  twenty  thousand  dollars,  shall  not  be  authorized  until  the 
ordinance  providing  therefor  shall  be  first  submitted  to  and  ratified 
by  a  majority  of  the  legal  voters  of  such  city  voting  thereon. 

Section  134.  The  mayor  and  council  shall  have  power  to  regu- 
late and  provide  for  the  lighting  of  streets,  laying  down  gas,  and 
other  pipes  and  erection  of  lamp  posts,  electric  towers  or  other 
apparatus,  and  to  regulate  the  sale  and  use  of  gas  and  electric 
lights,  and  fix  and  determine  the  price  of  gas,  the  charge  of  electric 
lights  and  power,  and  the  rents  of  gas  meters  within  the  city,  and 
regulate  the  inspection  thereof,,  and  regulate  telephone  service 
and  the  use  of  telephones  within  the  city,  and  to  fix  and  determine 
the  charges  for  telephones  and  telephone  service  connections; 
and  to  proliibit  or  regulate  the  erection  of  telegraph,  telephone 
or  electric  wire  poles,  or  other  poles  for  whatsoever  purpose  desired 
or  used  in  the  public  grounds,  streets  or  alleys  and  the  placing  of 
wires  thereon,  and  to  require  the  removal  from  the  public  grounds, 
streets  or  alleys  of  any  or  all  such  poles,  and  require  the  removal 
and  placing  under-ground  of  any  or  all  telegraph,  telephone  or 
electric  wires. 

Section  135.  All  horse,  cable,  steam,  electric  or  other  railway 
companies  existing  or  hereafter  created  in  cities  of  the  metro- 
pohtan  class,  already  incorporated  or  hereafter  organized,  shall 
be  required  to  pave  or  repave  at  their  own  cost  all  the  space  be- 
tween their  rails.  The  tracks  herein  referred  to  shall  include  not 
only  the  main  tracks,  but  also  side  tracks,  crossings  and  turnouts 
used  by  such  companies,  and  also  when  two  or  more  companies 
occupy  the  same  street  or  alley  with  separate  tracks,  then  each 
company  shall  be  responsible  for  the  proportion  of  the  surface  of 
the  street  or  alley  occupied  by  all  the  parallel  tracks  as  herein 
required.  Said  paving  or  repaving  by  the  said  railway  companies 
shall  be  done  at  the  same  time  and  shall  be  of  the  same  material 
and  character  as  the  paving  or  repaving  of  the  streets  upon  which 
said  railway  track  is  located,  unless  other  material  be  specifically 
ordered  by  the  city  council. 

Section  136.  All  street  railway  companies  shall  be  required  to 


62  CITY    CHARTER. 

keep  that  portion  of  the  street,  which  they  are  herein  required 
to  pave  and  repave,  in  good  and  proper  repair,  using  for  said 
purpose  the  same  material  as  the  street  upon  which  the  track  or 
tracks  are  laid  at  the  point  of  repair,  or  such  other  material 
as  the  city  council  may  require  and  order;  and  as  streets  are 
hereafter  paved  or  repaved  street  railwa}^  companies  shall  be 
required  to  lay  in  the  most  approved  manner  a  fiat  rail  to  be  ap- 
proved by  the  city  council.  The  tracks  of  all  railway  companies 
when  located  upon  the  streets  or  avenues  of  the  city,  shall  be  kept 
in  repair  and  safe  in  all  respects  for  the  use  of  the  traveling  public. 
Said  companies  shall  be  liable  for  all  damages  resulting  by  reason 
of  neglect  to  keep  such  tracks  in  repair  or  for  obstructing  the 
streets  or  avenues  of  any  such  city,  for  injuries  to  persons,  or 
property  arising  from  the  failure  of  such  company  to  keep  their 
tracks  in  proper  repair  and  free  from  obstructions,  such  company 
shall  be  liable,  and  the  city  shall  be  exempt  from  liability.  The 
word  "companies"  as  used  in  this  act  shall  be  taken  to  mean  and 
include  any  persons,  companies,  corporations,  or  associations 
owning  or  operating  street  or  other  railway  in  such  city. 

Section  137.  In  the  event  of  the  refusal  of  an}^  street  railway 
company  to  pave,  repave  or  repair  as  required  under  the  provi- 
sions of  this  act,  when  so  directed  by  the  mayor  and  council,  upon 
the  paving  and  repaving  or  repairing  of  any  street  upon  which 
their  track  is  laid,  the  mayor  and  council  shall  have  power  to 
pave,  repave  or  repair  the  same  and  the  cost  and  expense  of  such 
paving,  repaving  or  repairing  may  be  assessed,  levied  and  col- 
lected as  other  taxes.  Such  tax  shall  constitute  a  prior  hen  on 
the  property  of  such  company. 

Section  138.  It  shall  also  be  competent  for  any  such  city  to 
bring  a  civil  action  against  any  party  owning  or  operating  any 
such  street  railway,  and  liable  to  pay  said  taxes,  to  recover  the 
amount  thereof,  or  any  part  thereof  dehnquent  or  unpaid,  in  any 
court  having  jurisdiction  of  the  amount,  and  obtain  judgment, 
and  have  execution  therefor  or  such  other  process  of  law  as  may 
be  necessary,  and  no  property,  real  or  personal,  shall  be  exempt 
from  any  such  execution.  Provided,  that  real  estate  shall  not 
be  levied  upon  by  execution,  except  by  execution  out  of  the  dis- 
trict court  on  a  judgment  therein,  transcript  of  judgment  filed 
therein,  as  now  provided  by  law.  Xo  property  seized  by  the 
city  treasurer  as  hereinbefore  provided  or  upon  any  such  execu- 
tion, shall  be  taken  from  the  officer  holding  the  same  on  any  order 


CITY    CHARTER.  63 

of  replevin.  No  defense  shall  be  allowed  in  anj-  such  civil  action 
except  such  as  goes  to  the  groundwork,  equity  and  justice  of  the 
tax,  and  the  burden  of  proof  shall  rest  upon  the  party  assaihng 
the  tax.  In  case  part  of  such  special  tax  shall  be  shown  to  be 
invalid,  unjust  and  inequitable,  judgment  shall  be  rendered  for 
such  amount  as  is  just  and  equitable,  and  costs  shall  follow  the 
judgment.  It  shall  be  competent  for  the  mayor  and  council, 
upon  the  written  application  of  any  company,  association,  corpo- 
ration or  person,  owning  any  such  street  railway,  to  provide 
that  such  special  taxes  shall  become  deHquent  and  be  payable  in 
installments,'  as  in  case  of  taxes  levied  upon  real  estate  as  here- 
inafter provided;  but  such  appHcation  shall  be  taken,  and  deemed 
a  waiver  of  any  and  all  objections  to  such  taxes,  and  to  the  validity 
thereof.  Such  application  shall  be  made  before  the  final  levy 
of  such  taxes. 

Section  139.  Whenever  the  owners  of  a  majority  of  the  feet 
front  of  real  estate  abutting  upon  any  street  or  part  of  a  street 
or  in  any  improvement  district  shall  petition  the  mayor  and 
council  in  writing  requesting  the  extension  of  any  horse,  cable, 
electric  or  other  railways,  to  be  constructed  upon  such  street  or 
part  of  a  street  or  in  such  district,  and  in  such  petition,  waive 
the  obhgation  of  the  street  railway  company  or  the  owner  of  such 
street  railway  to  pave  or  repave  between  the  rails  of  its  tracks 
or  be  assessed  therefor  as"  by  law  provided,  then  the  railw^ay  com- 
pany or  owner  may  construct  a  line  of  railway  along  said  street  or 
part  of  street  and  in  such  district  covered  by  said  petition,  and  shall 
not  be  required  to  pave  or  repave  between  the  rails  of  its  tracks  or 
be  assessed  therefor,  but  such  paving  or  repaving  shall  be  done 
by  the  city  and  paid  for  by  taxation  upon  property  as  other  paving 
or  repaving  is  done  by  the  city;  such  petition  shall  be  spread  on 
the  journal  as  a  permanent  record. 

Section  140.  The  mayor  and  council  shall  have  power  to  ap- 
propriate private  property  for  the  use  of  the  city  for  streets,  alleys, 
avenues,  parks,  parkways,  boulevards,  sewers,  pubhc  squares, 
market  places,  gas  works,  power  plants,  electric  light  plants  and 
water  works,  including  mains,  pipe  Hues  and  setthng  basins  there- 
for, the  right  and  power  to  appropriate  private  property  for  such 
purposes  shall  extend  for  a  distance  of  seventy-five  miles  from  the 
.corporate  limits  of  the  city.  They  shall  also  have  power  to  ap- 
propriate any  water  works  system,  plant  or  property  already 
constructed  to  supply  tlic   city  and   the   inhabitants   thereof   with 


64  .        CITY    CHARTER. 

water,  or  any  part  thereof,  whether  lying  or  being  wholly  within 
said  city  or  in  part  therein  and  in  part  without  the  city,  and  with- 
in ten  miles  from  the  corporate  limits  of  such  city,  including  all 
real  estate,  buildings,  machinery,  pipes,  mains,  hydrants,  basins 
reservoirs,  and  all  appurtenances  reasonably'  necessary  thereto, 
and  a  part  of,  or  connected  with,  said  system,  plant  or  property, 
and  franchises  and  they  shall  have  power  to  own  and  operate 
the  same.  Upon  condemning  private  property  under  such  au- 
thority, the  city  clerk  shall  cause  to  be  recorded  an  accurate  plat, 
and  a  clear,  definite  description  of  the  property  so  taken,  in  the 
office  of  the  registers  of  deeds  of  the  county  within  which  such 
city  is  located,  within  sixty  days  after  the  other  legal  steps  for  the 
acquisition  of  such  title  shall  have  been  taken. 

Section  141.  The  mayor  and  council  shall  have  power  to  erect, 
construct,  purchase,  maintain  and  operate  subways  or  conduits, 
water  works,  gas  works  and  electric  light  plants  and  power  plants 
either  witliin  or  without  the  corporate  limits  of  the  city,  and  shall 
have  power  to  fix,  charge  and  collect  a  rental  or  compensation 
for  the  use  of  subways  or  conduits  and  of  water,  gas  or  electric 
lights  or  power  furnished  consumers,  and  to  make  all  needful 
rules  and  regulations  concerning  the  use  of  such  subways,  con- 
duits, water,  gas  or  electric  lights  or  power  and  to  do  all  acts 
necessary  for  the  construction,  completion,  management  and 
control  of  the  same,  including  the  appropriation  of  private  property 
for  the  public  use  in  the  construction  and  operation  of  the  same, 
compensation  for  such  appropriation  to  be  made  as  is  provided 
by  this  act. 

Section  142.  Whenever  it  shall  become  necessary  to  appro- 
priate private  property  for  the  use  of  the  city  for  streets,  alleys, 
avenues,  sewers,  parkways,  boulevards,  public  squares,  gas  works, 
power  plants,  electric  light  plants,  water  works  or  other  purposes 
authorized  by  this  act,  and  such  appropriation  shall  be  declared 
necessary  by  ordinance,  the  mayor,  with  the  approval  of  the 
council,  shall  appoint  three  disinterested  freeholders  of  the  city, 
who,  after  being  duly  sworn  to  perform  the  duties  of  their  ap- 
pointment with  fidelity  and  impartiality,  and  after  reasonable 
notice  to  the  owners  and  parties  interested  in  said  property,  shall 
assess  the  damages  to  the  owners  of  the  property  and  parties 
interested  therein  respectively  taken  by  such  appropriation. 
Such  assessment  shall  be  reported  to  the  city  council  except  in 
case  of  the  appropriation  of  water  works,  when  such  assessment 


CITY    CHARTER.  65 

shall  be  reported  to  the  water  board,  and  said  board,  after  ex- 
amination, shall  submit  the  same  with  its  recommendations  to 
the  mayor  and  council  for  confirmation,  and  if  the  same  shall 
be  confirmed,  the  damages  so  assessed  shall  be  paid  to  the  owners 
of  such  property  or  deposited  with  the  city  treasurer  subject  to 
the  order  of  such  owners  respectively,  after  which  such  property 
may  at  any  time  be  taken  for  the  use  of  the  city.  If  the  assess- 
ment be  not  confirmed  by  the  council,  proceedings  may  be  taken 
anew  to  assess  the  damages;  Provided,  however,  that  in  all  cases 
involving  an  amount  of  fifty  thousand  ($50,000. 00)  dollars  or 
more,  there  shall  be  appointed  five  appraisers,  and  the  assessment, 
if  recommended  for  approval  by  the  city  council  or  the  water 
board,  as  the  case  may  be,  and  confirmed  by  the  mayor  and  city 
council,  must  be  submitted  to  the  electors  of  the  city  at  a  general 
or  special  election.  The  proposition  to  approve  the  assessment 
may  also  .include  a  proposition  to  vote  bonds  for  the  amount  of 
such  assessment.  If  such  proposition  receive  the  necessary  ma- 
jority then  such  assessment  shall  be  sustained,  and  the  mayor 
and  council  shall  be  authorized  to  issue  the  necessary  bonds  for 
said  purpose,  or  to  draw  upon  such  funds  as  shall  be  designated 
in  such  proposition. 

Section  143.  When  by  this  act  the  power  is  conferred  upon 
the  mayor  and  council  to  do  and  pej'form  any  act  or  thing,  and  the 
manner  of  exercising  such  power  is  not  specially  pointed  out, 
the  mayor  and  council  may  provide  b}'  ordinance  the  det  ils 
necessary  for  the  full  exercise  of  such  power.  Each  city  governed 
b}^  the  provisions  of  this  act  shall  be  a  body  corporate  and  politic, 
and  shall  have  power:  First — To  sue  and  be  sued.  Second — To 
purchase  and  hold  real  and  personal  property  for  the  use  of  the 
city,  and  real  estate  sold  for  taxes.  Third — To  sell  and  convey 
any  real  or  personal  estate  owned  by  the  city,  and  make  such 
order  respecting  the  same  as  may  be  conducive  to  the  interests 
of  the  city.  Fourth — To  make  all  contracts  and  do  all  other 
acts  in  relation  to  the  property  and  concerns  of  the  city  necessar}- 
to  the  exercise  of  its  corporate  or  administrative  powers.  Fifth 
— To  exercise  such  other  and  further  powers  as  may  be  conferred 
by  law.  The  power  hereby  granted  shall  be  exercised  by  the 
mayor  and  council  of  such  city,  as  hereinafter  set  forth,  except 
when  otherwise  specially  provided. 

Section  144.  In  addition  to  the  powers  herein  granted,  cities 
governed  by  this  act  shall  have  power  by  ordinance: 


66  CITY    CHARTER. 

I.  To  levy  any  tax  or  special  assessment  authorized  by  law 
and  to  appropriate  money  and  provide  for  the  payment  of  the 
debts  and  expenses  of  the  city. 

II.  To  provide  a  corporate  seal  for  the  use  of  the  city,  and 
also  any  official  seal  for  the  use  of  any  officer,  board  or  agent  of 
the  city,  whose  duties  under  this  act  or  under  any  ordinance 
require  an  official  seal  to  be  used.  Said  corporate  seal  shall  be 
used  in  the  execution  of  municipal  bonds,  warrants,  conveyances 
and  other  instruments  and  proceedings,  as  this  act  or  the  ordi- 
nances of  the  city  require. 

III.  To  provide  all  needful  rules  and  regulations  for  the 
protection  and  preservation  of  health  within  the  city,  and  for 
this  purpose  may  provide  for  the  enforcement  of  the  use  of  water 
from  pubhc  water  supphes  where  the  use  of  water  from  other 
sources  shall  be  deemed  unsafe. 

IV.  To  appropriate  money  and  provide  for  the  payment 
of  the  debts  and  expenses  of  the  city. 

V.  To  adopt  all  such  measures  as  they  may  deem  necessary 
for  the  accommodation  and  protection  of  strangers  and  the  travel- 
ing public  in  person  and  property. 

VI.  To  punish  and  prevent  the  carrying  of  concealed  weapons, 
the  discharge  of  firearms,  fireworks  or  explosives  of  any  description 
within   the   city. 

VII.  To  regulate  the  weighing  and  measuring  of  hay,  wood, 
and  other  articles  exposed  for  sale,  and  of  all  coal  sold  or  delivered 
within  the  city,  and  to  provide  for,  hcense,  and  regulate  the 
inspection  and  sale  of  meats,  flour,  poultry,  fish,  milk,  vegetables 
and  all  other  provisions  or  articles  of  food  exposed  or  offered  for 
sale  in  the  city,  and  to  prescribe  the  weight  and  quahty  of  bread 
exposed  or  offered  for  sale  in  the  loaf.  Also  to  provide  for  the 
inspection  of  weights  and  measures  or  weighing  apparatus. 

VIII.  To  require  of  all  officers  or  servants,  elected  or  ap- 
pointed in  pursuance  of  this  act,  to  give  bond  and  security  for 
the  faithful  performance  of  their  duties.  No  officer  shall  become 
security  upon  the  official  bond  of  another,  or  upon  any  bond 
executed  to  the  city. 

IX.  To  require  from  any  officer  of  the  city  at  any  time  a 
report  in  detail  of  the  transactions  of  his  office,  or  any  matter 
connected  therewith. 


CITY    CHARTER.  67 

X.  To  provide  for  the  prevention  of  cruelty  to  children 
or  animals. 

XI.  To  regulate,  license  or  prohibit  the  running  at  large 
of  dogs,  and  guard  against  injuries  or  annoyance  therefrom, 
and  to  authorize  the  destruction  of  the  same  when  running  at 
large  contrary  to  the  provision  of  any  ordinance. 

XII.  To  provide  for  keeping  sidewalks  clean  and  free  from 
obstructions  and  accumulations  and  may  provide  for  the  assess- 
ment and  collection  of  taxes  on  real  estate,  and  for  the  sale  and 
conveyance  thereof  to  pay  the  expenses  of  keeping  the  sidewalk 
adjacent  to  such  real  estate  clean  and  free  from  obstructions  and 
accumulations  as  herein  provided. 

XIII.  To  provide  for  the  planting  and  protection  of  shade 
or  ornamental  and  useful  trees  on  the  streets  and  boulevards  under 
the  direction  of  the  park  board  and  to  assess  the  cost  thereof 
upon  the  abutting  property  as  a  special  assessment  and  to  provide 
for  the  protection  of  birds  and  animals  and  their  nests. 

XIV.  To  provide  for,  regulate  and  require  the  numbering 
or  renumbering  of  houses  along  pubHc  streets  or  avenues;  to  care 
for  and  control,  to  name  and  rename  streets,  avenues,  parks  and 
squares  within  the  city. 

XV.  To  provide  for  the  destruction  of  weeds  and  worthless 
vegetation  growing  upon  vacant  lots  or  lands  if  the  owner  fails 
to  do  so  after  five  days  notice  as  required  by  ordinance  and  to 
assess  the  cost  thereof  upon  such  lots  or  lands  as  a  special  assess- 
ment. 

XVI.  To  prohibit  and  regulate  the  running  at  large  or  the 
herding  or  driving  of  domestic  animals,  such  as  hogs,  cattle, 
horses,  sheep,  goats,  fowls  or  animals  of  any  kind  or  description, 
within  the  corporate  Imits,  and  provide  for  the  impounding  of 
all  animals  running  at  large,  herded  or  driven  contrary  to  such 
prohibition,  and  also  for  the  forfeiture  and  sale  of  animals  im- 
pounded, to  pay  the  expense  of  taking  up,  caring  for,  and  selling 
the  same,  including  cost  of  advertising  and  fees  of  officers. 

XVII.  To  regulate  the  transportation  of  articles  through 
the  streets  and  to  prevent  injuries  to  the  streets  from  overloaded 
vehicles,  and  regulate  the  width  of  wagon  tires  and  tires  of  other 
vehicles. 

XVIII.  To  prevent  or  regulate  the  rolling  of  hoops,  playing 


68  CITY    CHARTER. 

of  ball,  flying  of  kites,  the  riding  of  bicycles  or  tricycles,  or  any 
other  amusement  or  practice  having  a  tendency  to  annoy  persons 
passing  in  the  streets  or  on  the  sidewalks  or  to  frighten  teams 
or  horses.  To  regulate  the  use  of  vehicles  propelled  by  steam, 
gas,  electricity,  or  other  motive  power,  operated  on  the  streets 
of  the  city. 

XIX.  To  regulate  or  prohibit  the  transportation  and  keep- 
ing of  gun  powder,  oils  and  other  combustible  and  explosive 
articles. 

XX.  To  regulate,  license  or  prohibit  the  sale  of  domestic 
animals,  or  of  goods,  wares  and  merchandise  at  public  auction 
on  the  streets,  alleys  and  highways,  or  any  public  ground  within 
the  city. 

XXI.  To  regulate  and  prevent  the  use  of  streets,  sidewalks  and 
public  grounds  for  signs,  posts,  awnings,  awning  posts,  scales  or 
other  like  purposes ;  to  regulate  and  prohibit  the  exhibition  or  carry- 
ing or  conveying  of  banners,  placards,  advertisements,  or  the  dis- 
tribution or  posting  of  advertisements  or  handbills  in  the  streets 
or  public  grounds,   or  upon  the  sidewalks. 

XXII.  To  provide  for  the  punishment  of  persons  disturbing 
the  peace  and  good  order  of  the  city  by  clamor  and  noise,  by 
intoxication,  drunkenness,  fighting  or  using  obscene  or  profane 
language  in  the  streets  or  other  public  places,  or  otherwise  violating 
the  public  peace  by  indecent  or  disorderly  conduct,  or  by  lewd 
and  lascivious  behavior, 

XXIII.  To  provide  for  the  punishment  of  vagrants,  tramps, 
common  street  beggars,  common  prostitutes,  habitual  disturbers 
of  the  peace,  pick-pockets,  gamblers,  burglars,  thieves,  or  persons 
who  practice  any  game,  trick  or  device  with  intent  to  swindle; 
persons  who  abuse  their  families,  and  suspicious  persons  who  can 
give  no  reasonable  account  of  themselves,  and  to  punish  tres- 
passers upon  private  property. 

XXIV.  To  prohibit,  restrain  and  suppress  tippling  shops, 
houses  of  prostitution,  opium  joints  or  dens,  gambhng  houses, 
prize-fighting,  dog-fighting,  cock-fighting  and  other  disorderly 
houses  and  practices,  all  games  and  gambhng,  and  desecration  of  the 
Sabbath  (commonly  called  Sunday)  and  all  kinds  of  indecencies; 
also  to  regulate  and  license  or  prohibit  the  keeping  and  use  of 
billiai'd  tables,  ten  pins  or  ball  alleys,  shooting  galleries  and  other 
similiar  places  of  amusment  and  to  prohibit  and  suppress,   bj^ 


CITY    CHARTER.  69 

ordinance,    all   lotteries    and   gift   enterprises    of   all    kinds  under 
whatsoever  name  carried  on. 

XXV.  To  make  and  enforce  all  police  regulations  for  the 
good  government,  general  welfare,  health,  safety  and  security 
of  the  city  and  the  citizens  thereof,  in  addition  to  the  police  powers 
expressly  granted  herein,  and  in  the  exercise  of  the  pohce  power 
may  pass  all  needful  and  proper  ordinances;  and  shall  have  power 
to  impose  fines,  forfeitures,  penalties,  and  imprisonment  at  hard 
labor  for  the  violation  of  any  ordinance,  and  to  provide  for  the 
recovery,  collection  and  enforcement  thereof.  And  in  default 
of  payment  to  provide  for  the  confinement  in  the  city  or  county 
prison,  workhouse  or  other  place  of  confinement  with  or  without 
hard  labor  as  may  be  provided  by  ordinance. 

XXVI.  To  prevent  horse-racing,  and  immoderate  driving 
or  riding  in  the  streets,  and  to  compel  persons  to  fasten  their 
horses  or  other  animals  attached  to  vehicles,  while  standing  in 
the  streets. 

XXVII.  To  establish  and  maintain  public  libraries,  reading 
rooms,  art  galleries  and  museums,  and  to  provide  the  necessary 
grounds  or  buildings  therefor;  to  purchase  books,  papers,  maps, 
manuscripts  and  works  of  art,  and  objects  of  natural  or  scientific 
curiosity  and  instruction  therefor;  and  to  receive  donations  and 
bequests  of  money  or  property  for  the  same  in  trust  or  otherwise. 
They  may  also  pass  necessary  by-laws  and  regulations  for  the 
protection  and  government  of  the  same. 

XXVIII.  To  erect,  designate,  estabHsh,  maintain  and 
regulate  hospitals  or  work  houses,  houses  of  correction,  jails, 
station  houses,  fire  engine  houses,  asphalt  repair  plant,  and  other 
necessary  buildings.  Also  plants  for  the  disposal  of  garbage. 
Provided,  that  where  contracts  for  such  disposal  of  garbage  now 
exist  they  shall  not  be  extended  nor  shall  any  new  contract  be 
entered  into  for  such  work. 

XXIX.  To  erect  and  estabhsh  market  houses  and  market 
places,  and  to  provide  for  the  erection  of  all  other  useful  and 
necessary  buildings  for  the  use  of  the  city  and  for  the  protection 
and  safety  of  all  property  owned  by  the  city,  and  they  may  locate 
such  market  houses  and  market  places,  and  buildings  aforesaid, 
on  any  street,  alley  or  public  ground,  or  on  any  land  purchased 
for  such  purpose. 

XXX.  The  mayor  and  council  shall  have  power  to  prohil:)it 


70  CITY    CHARTER. 

the  establishment  of  additional  cemeteries  within  the  limits  of  the 
city,  and  to  regulate  the  registration  of  births  and  deaths,  to 
direct  the  keeping  and  returning  of  bills  of  mortality,  and  to  im- 
pose penalties  on  physicians,  sextons  and  others  for  any  default 
in  the  premises. 

XXXI.  To  provide  for  the  inspection  of  steam  boilers, 
electrical  light  appliances,  pipe  fittings  and  plumbings,  and  regulate 
their  erection  and  construction,  and  to  appoint  inspectors,  and 
to  declare  their  powers  and  duties,  except  as  herein  otherwise 
provided. 

XXXII.  To  prescribe  fire  limits  and  regulate  the  erection 
of  all  buildings  and  other  structures  within  the  corporate  limits. 
To  provide  for  the  removal  of  any  building  or  structure  or  addi- 
tion thereto,  erected  contrary  to  such  regulations,  also  provide 
for  the  removal  of  dangerous  buildings,  and  provide  that  wooden 
buildings  shall  not  be  erected,  or  placed  or  repaired  in  the  fire 
limits.  Such  ordinance  shall  not  be  suspended  or  modified  by 
resolution  nor  shall  exceptions  be  made  by  ordinance  or  resolu- 
tion in  favor  of  any  person,  firm  or  corporation  or  concerning 
any  particular  lot  or  building.  To  direct  that  all  and  any  building 
within  such  fire  limits,  when  the  same  shall  have  been  damaged 
by  fire,  decay  or  otherwise,  to  the  extent  of  fifty  per  cent  of  the 
value  of  a  similiar  new  building  above  the  foundation,  shall  be 
torn  down  or  removed,  and  to  prescribe  the  manner  of  ascertain- 
ing such  damages  and  to  assess  the  cost  of  removal  of  any  building 
erected  or  existing  contrary  to  such  regulations  or  provisions, 
against  the  lot  or  real  estate  upon  which  such  building  or  structure 
is  located  or  shall  be  erected,  or  such  costs  may  be  collected  from 
the  owner  of  any  such  building  or  structure  and  be  enforced  by 
civil  action  in  any  court  of  competent  jurisdiction. 

XXXIII.  To  regulate  the  construction,  use  and  mainte- 
nance of  party  walls,  and  to  prescribe  and  regulate  the  thickness, 
strength,  and  manner  of  constructing  stone,  brick,  wood  or  other 
buildings,  the  size  and  shape  of  brick  and  other  material  placed 
therein,  and  to  prescribe  and  regulate  the  construction  and  arrange- 
ment of  fire  escapes  and  placing  iron  and  metalHc  shutters 
and  doors  therein  and  thereon,  and  to  provide  for  the  inspectino 
of  elevators  and  hoist-way  openings  to  avoid  accidents;  to  pre- 
scribe, regulate  and  provide  for  the  inspection  of  all  plumbing, 
pipe-fitting  or  sewer  connection  in  all  houses  or  buildings  now 
or  hereafter  erected;  to  regulate  the  size,  number  and  manner  of 


CITY    CHARTER.  71 

construction  of  halls,  doors,  stairways,  seats,  aisles,  and  passage 
ways  of  theatres,  tenement  houses,  audience  rooms  and  all  build- 
ings of  a  pubHc  character,  whether  now  built  or  hereafter  to  be 
built,  so  that  there  may  be  convenient,  safe  and  speedy  exit  in 
case  of  fire;  to  prevent  the. dangerous  construction  and  condition 
of  chimneys,  fire-places,  hearths,  stoves,  stove-pipes,  ovens,  boilers 
and  heating  apphances,  used  in  or  about  any  building  or  a  manu- 
factory, and  to  cause  the  same  to  be  removed  or  placed  in  safe 
condition  where  they  are  considered  dangerous;  to  regulate  and 
prevent  the  carrying  on  of  manufactures  dangerous  in  causing 
and  promoting  fires;  to  prevent  the  deposit  of  ashes  in  unsafe 
places,  and  to  cause  such  buildings  and  enclosures  as  may  be  in 
a  dangerous  state  to  be  put  in  a  safe  condition;  to  prevent  the 
disposing  of  and  deHvery  or  use  in  any  building  or  other  structure, 
of  soft,  shelly  and  imperfectly  burned  brick  or  other  unsuitable 
building  material  within  the  city  hmits,  and  providing  for  the 
inspection  of  the  same;  to  provide  for  the  abatement  of  dense 
volumes  of  smoke;  to  regulate  the  construction  of  area  ways, 
stair  ways  and  vaults,  and  to  regulate  partition  fences;  to  enforce 
proper  heating  and  ventilation  of  buildings  used  for  schools,  work 
houses,  or  shops  of  every  class  wherein  labor  is  employed  or  large 
numbers  of  persons  are  liable  to  congregate. 

XXXIV.  To  regulate  levees,  depots  and  depot  grounds, 
and  places  for  storing  freights  and  goods,  and  to  provide  for  and 
regulate  the  laying  of  tracks  and  the  passage  of  steam,  cable, 
horse  or  other  railways  through  the  streets,  alleys  and  pubhc 
grounds  of  the  city. 

XXXV.  To  regulate  the  crossing  of  railway  tracks,  to 
regulate  the  running  of  railway  engines,  cars  and  trucks  within 
the  limits  of  the  city,  and  to  make  other  and  further  rules  and 
restrictions  to  prevent  accidents  at  crossings  and  on  tracks  of 
railroads,  and  to  prevent  fires  from  engines;  also  to  regulate  and 
prescribe  the  time  and  manner  of  running  street  cars  within  the 
city,  and  require  the  heating  and  cleaning  of  such  cars,  and  to 
fiax  nd  determine  the  fare  to  be  charged. 

XXXVI.  To  require  the  hghting  of  any  railway  within  the 
city,  the  cars  of  which  are  propelled  by  steam,  in  such  manner 
as  they  shall  prescribe,  and  may  fix  and  determine  the  number, 
size  and  style  of  the  lamp  posts,  burners,  lamps,  and  all  other 
fixtures  and  apparatus  necessary  for  such  Hghting,  and  tlie  points 
of  location  for  such  lamp  posts,  and  in  case  any  company  owning 


72  CITY    CHARTER. 

or  operating  such  railways  shall  fail  to  comply  with  such  require- 
ments, the  council  may  cause  the  same  to  be  done  and  may  assess 
the  expense  thereof  against  such  company,  and  the  same  shall 
constitute  a  hen  upon  any  real  estate  belonging  to  such  company 
and  h'ing  within  such  city,  and  may  be  collected  in  the  same 
manner  as  taxes  for  general  purposes. 

Section  144a.  The  city  council  of  such  city  is  hereby  authorized, 
directed  and  required  to  levy  and  collect  the  number  of  mills 
reported  and  demanded  b}^  the  Board  of  Education  of  metropohtan 
School  Districts  as  now  and  heretofore  required  by  law  govern- 
ing such  School  District  and  nothing  herein  contained  shall  be 
construed  to  in  any  manner  repeal,  amend  or  abridge  such  school 
law. 

Section  145.  It  shall  be  the  duty  of  the  council  to  annually 
certify  by  resolution  to  the  county  clerk  of  the  county  in  which 
such  city  is  located,  a  gross  sum  to  be  raised  by  taxation  for  all 
municipal  purposes  for  the  ensuing  calendar  year  upon  all  taxable 
property  within  the  hmits  of  the  city.  Such  gross  sum  shall  not 
exceed  the  amount  of  seven  hundred  and  fifty  thousand  ($750,000) 
dollars  for  general  purposes  and  such  additional  sum  not  exceeding 
two  hundred  and  fifty  thousand  ($250,000)  dollars  as  may  be 
fixed  and  determined  by  the  council  for  a  sinking  fund,  to  pay 
the  interest  on  the  general  bonded  indebtedness  of  the  city.  The 
council  shall  certify  such  sums  before  the  county  board  of  equali- 
zation has  made  a  levy  for  county  taxes.  The  council  shall  also 
certify  the  levy  required  by  the  Board  of  Education  of  such  metro- 
politan school  district  and  any  other  sum  to  the  said  county 
clerk  as  may  be  required  by  this  act  or  by  general  law. 

Section  146.  The  city  council  shall  annually,  in  the  first  week 
in  January  after  the  levy  provided  for  in  the  above  section,  set 
aside  the  following  funds  to  be  designated  specific  funds.  The 
amounts  hereinafter  named  shall  be  the  maximum  amounts  that 
may  be  set  aside  in  each  specific  fund  and  the  maximum  amount 
that  may  be  expended  from  the  taxes  and  other  incomes  of  the 
city  during  the  ensuing  year,  unless  otherwise  provided  in  this  act. 
For  the  fire  department. 

One  Hundred  and  Seventy-five  Thousand    Dollars. 
For  the  police  department. 

One  Hundred  and  Fifteen  Thousand  Dollars. 
For  lights  on  streets  and  public  grounds. 
Seventy  Thousand  Dollars. 


CITY    CHARTER.  73 

For    the    public    library. 

Twenty-two    Thousand    Dollars. 
For  the  park  board. 

Thirty  Thousand  Dollars. 
For  cleaning  and  sweeping   pavements. 

Forty  Thousand  Dollars. 
For  repairing  pavements,   modifying,  reforming  or  changing 
and    maintaining    curbs    and    gutters. 

Thirty  Thousand    Dollars. 
For  a  fund   for  general   expenses   not  specified   above. 

Two   Hundred  and  Sixty-eight  Thousand  Dollars. 

Section  147.  At  the  same  time  the  council  shall  divide  the 
general  fund  into  the  following  specific  funds  which  shall  be  subject 
to  the  same  limitations  as  the  specific  funds  provided  for  in  the 
above  section. 

1.  Payment   of  judgments   and   costs  in   the   ensuing  year. 

2.  Repairs  to  sewers. 

3.  Repairs  to  unpaved  streets. 

4.  Construction   or  repair  of  bridges,  viaducts  and  drains. 

5.  Salaries  of  inspectors  of  public  improvements. 

6.  Salaries  of  other  inspectors. 

7.  Sidewalks  at  intersections. 

8.  Maintenance  and  repairs  of  the  city  hall. 

9.  Separate  funds  for  salaries  and  expenses   of  each  office 
or  board  not  already  specified. 

10.  Such  other  funds   as  the   council   may   create  for  each 
year  for  the  proper  distribution  of  the  expenditures  of  the  city. 

Section  148.  All  receipts  derived  from  the  county  road  fund 
shall  be  credited  to  the  park  fund  and  shall  be  expended  under 
the  direction  of  the  park  board.  All  receipts  from  franchises 
or  royalties  derived  from  hghting  companies  shall  be  credited  to 
the  fund  for  lighting  streets  and  pubHc  grounds.  Said  receipts 
shall  be  added  to  the  maximum  amounts  that  may  be  expended 
from  such  funds. 

Section  149.  The  comptroller  shall  open  an  account  with 
each  specific  fund  crediting  each  fund  with  ninety  (90)  per  cent,  of 
the  maximum  amount  and  all  taxes  or  incomes  collected  during  the 
year  in  excess  of  the  said  ninety  (90)  per  cent,  and  shall  notify  the 
mayor  and  council  of  the  balance  available  in  such  funds  whenever 
requested.     Allgeneral  taxes  and  other  incomes  or  receipts  of  such 


74  CITY    CHARTER. 

city  shall  be  credited  pro  rata  to  each  specific  fund  by  the  comptroll- 
er unless  other  credits  are  directed  M^  this  act. 

Section  150.  It  shall  be  malfeasance  in  office  for  the  ma3'or 
or  any  councilman  to  vote  for  or  apjarove  any  expenditure  from 
any  such  specific  funds  in  excess  of  ninety  per  cent  (90%)  of  the 
amount  of  such  funds  unless  there  be  additional  money  in  the 
treasury  credited  to  such  fund  by  the  comptroller  as  above  pro- 
vided, and  the  comptroller  has  certified  such  fact  to  the  mayor 
and  city  council.  No  contract  or  other  indebtedness  shall  be  in- 
curred in  addition  to  the  amounts  above  provided  for,  except 
in  the  event  of  an  epidemic  or  of  some  unforseen  accident  requir- 
ing immediate  repair  for  the  public  good,  which  fact  or  facts  must 
be  recited  in  the  ordinance  for  such  appropriation  and  such  ordi- 
nance must  be  adopted  by  the  maj'or  and  two-thirds  of  all  mem- 
bers elected  to  such  council. 

Section  151.  The  balance  remaining  in  each  specific  fund 
created  b}^  this  act  or  created  b}'  the  council  shall  not  be  carried 
over,  transferred  or  diverted  in  any  way  except  as  herein  provided 
any  balance  remaining  in  an}-  specific  fund  after  all  obligations 
created  against  and  payable  out  of  such  fund  have  been  paid, 
redeemed  or  cancelled  shall  be  transferred  to  the  sinking  fund. 
by  the  comptroller  without  further  direction  of  the  council.  Pro- 
vided that  this  shall  not  prevent  the  payment  of  an}-  warrants 
issued  prior  to  the  passage  and  approval  of  this  act. 

Section  152.  All  cities  governed  by  this  act  shall  provide  a 
sinking  fund  for  the  payment  of  the  general  bonds  of  the  cit}' 
and  interest  thereon.  The  sinking  fund  shall  be  maintained 
from  the  following  revenues 

(1.)  The  sum  raised  therefor  by  general  taxation  as  above 
provided, 

(2.)     All  interest  received  from  deposit  of  funds  in  bank. 

(3.)  All  taxes,  except  si^ecial  assessments,  that  are  delinquent 
on  the  passage  of  this  act, 

(4.)  All  balances  transferred  from  specific  funds  or  any  funds 
directed    by    the  council  to  be  transferred  to  the  sinking  fund. 

(5.)  All  delinquent  taxesnot  required  to  pay  the  warrants 
or  other  obligations  of  the  current  year  for  which  such  tax  was 
levied. 

Section  153.  The  sinking  fund  shall  be  disbursed  in  the  follow- 
ing order: 

(1.)     Interest  on  general  bonds  of  the  city. 


CITY    CHARTER.  /O 

(2.)     Such  matured  bonds  as   the   council   direct   to   be   paid. 

(3.)  Such  unmatured  bonds  as  the  council  may  direct  to  be 
paid  at  such  discount  as  may  be  prescribed  by  ordinance. 

(4.)  Investment  in  registered  general  warrants  of  such  city, 
or  of  any  school  district  situated  within  such  city,  as  provided 
in  this  act. 

Provided  that  the  moneys  in  any  sinking  fund  can  not  be 
diverted  or  transferred  to  any  other  purpose  or  fund. 

Section  154.  The  city  attorney  shall  from  time  to  time  fix 
and  prescribe  general  directions  and  authority  to  such  city  trea- 
surer to  purchase  and  take  up  any  general  warrant  of  the  city 
or  of  any  school  district  situated  in  such  city  that  have  been  pre- 
sented for  payment  and  have  not  been  paid  for  want  of  funds. 
Such  directions  shall  be  approved  by  the  mayor  and  council  and 
shall  specify  the  funds  to  be  so  invested,  the  amount  of  warrants 
to  be  so  invested  in  and  as  far  as  may  be  practicable  arrange  that 
warrants  shall  be  paid  before  the  funds  are  required  for  disburse- 
ment as  a  sinking  fund. 

Provided  that  not  more  than  fifty  per.  cent,  of  the  sinking 
fund  can  be  invested  in  Avarrants. 

Section  155.  Each  and  every  fund  created  by  this  act  shall 
be  strictly  devoted  to  the  purpose  for  which  it  was  created,  and 
shall  not  be  diverted,  transferred  or  borrowed  from.  Any  member 
of  the  city  council  voting  to  so  divert,  transfer  or  borrow  the 
money  of  any  fund  shall  be  Hable  on  his  official  bond  for  the  amount 
so  diverted,  transferred  or  borrowed.  Provided  that  inspectors 
of  pubhc  works  paid  from  special  funds  may  receive  pay  for  their 
services  from  the  general  fund  of  the  city  monthly  as  other  em- 
ployes; upon  completion  of  such  work,  and  the  levy  and  collection 
of  the  special  fund  to  pay  for  the  same,  or  the  sale  of  bonds  for 
pubhc  works  or  improvements,  an  amount  equal  to  that  paid 
said  inspectors  from  the  general  fund  may  be  taken  from  such 
special  funds  and  returned  to  the  general  fund  from  which  it  was 
temporarily  taken;  and  the  mayor  and  council  are  hereby  autho- 
rized to  include  the  cost  of  inspection  in  such  special  funds  to  be 
levied  and  collected. 

Section  156.  The  authorities  of  the  city  shall  not  in  any  year, 
issue  warrants  or  orders  to  an  amount  exceeding  ninety  (90)  per 
cent,  of  the  amount  in  each  specific  fund  unless  there  be  money 
in  the  treasury  credited  to  such  fund  by  the  comi5tr()ller,  and 
said  city  authorities  shall  not  contract  or  incur  any  indebtedness 


76  CITY    CHARTER. 

in  addition  to  the  amount  for  which  they  are  authorized  to  issue 
warrants,  or  orders  or  bonds. 

Section  157.  All  payments  of  consolidated  taxes  levied  during 
the  year  made  after  October  first  in  any  year  shall  be  held  invio- 
late and  shall  not  be  credited  to  any  fund  or  be  available  until 
after  the  setting  aside  of  funds  by  the  mayor  and  council  in  the 
first  week  of  January  as  in  this  act  provided;  it  being  the  intent 
of  this  provision  that  such  payments  shall  be  used  only  for  ex- 
penses of  the  ensuing  calendar  year. 

Section  158.  At  the  first  meeting  of  the  council  in  each  month 
the  mayor  and  council  shall  provide  by  ordinance  for  the  payment 
of  all  liabilities  of  the  city,  incurred  during  the  preceding  month, 
or  at  any  time  prior  thereto,  except  for  the  payment  of  wages  of 
laborers  required  to  be  paid  weekly  and  except  claims  of  employes 
for  over  time.  No  money  shall  be  expended  except  in  pursuance 
of  a  specific  appropriation  made  for  that  purpose  by  ordinance, 
and  no  liability  shall  be  incurred,  debt  created,  or  contract  involv- 
ing the  expenditure  of  money  approved  by  the  city  council,  except 
by  a  majority  of  the  entire  council,  upon  call  of  the  yeas  and  nays 
and  the  record  of  the  council  proceedings  shall  show  how  each 
member  voted. 

Section  159.  Any  councilman  voting  to  incur  any  liability, 
or  to  create  any  debt  in  excess  of  the  amount  limited  or  author- 
ized by  law,  or  if  the  mayor  shall  approve  any  ordinance  or  con- 
tract involving  the  expenditure  of  money  in  excess  of  the  amount 
limited  or  authorized  by  law,  and  any  liabilities  sought  to  be  in- 
curred or  debt  created,  in  excess  of  the  amount  limited  or  author- 
ized by  law,  or  to  transfer  any  funds  contrary  to  the  provisions 
of  this  act,  or  in  violation  of  other  provisions  of  this  act,  shall  be 
taken  and  held  by  any  court  of  the  state  as  the  joint  or  joint  and 
several  liability  and  obligation  of  the  councilmen  voting  for,  the 
mayor  approving  the  same,  and  the  comptroller  issuing  such  war- 
rant, and  the  voting  for  or  approving  of  such  liabilities,  obligation 
or  debt,  or  the  issuance  of  a  warrant  for  the  same  as  aforesaid, 
shall  be  prima  facie  evidence  of  malfeasance  in  office.  It  is  hereby 
made  the  duty  of  the  city  attorney  to  proceed  without  delay  to 
enforce  by  suit  such  liability  against  such  officers  or  any  of  them 
or  from  any  persons  or  any  company  that  may  be  liable  on  the 
bond  of  any  such  officer.  If  the  city  attorney  shall  fail,  neglect 
or  refuse  to  commence  such  suit  within  thirty  days  after  a  demand 
in  writing  has  been  made  upon  him  by  any  taxpayer  in  such  city, 


CITY    CHARTER.  77 

then,  in  such  case,  such  taxpayer,  or  any  taxpayer,  may  com- 
mence such  suit  in  the  name  of  the  city,  and  prosecute  such  suit 
to  final  judgment.  Such  taxpayer  shall  give  such  security  for 
costs  as  the  court  may  recjuire. 

Section  160.  All  general  taxes  of  the  city  on  personal  and 
real  property  in  such  city  shall  be  levied  and  collected  as  follows: 
The  city  council  shall  annually  certify  to  the  county  clerk  the  amount 
of  general  tax  required  for  the  ensuing  year  and  shall  so  certify 
in  the  time  and  in  the  manner  required  by  the  general  revenue 
law  of  the  state.  The  county  board  shall  fix  the  rate  of  levy 
necessary  to  raise  said  amount  on  said  property  as  assessed  by 
the  county  officers  and  the  State  Board  of  Equalization  and  returned 
to  the  county  clerk.  The  general  taxes  of  such  city  shall  be  entered 
and  collected  as  a  part  of  the  consolidated  tax  of  such  county. 

Section  161.  After  the  passage  of  this  act,  all  general  taxes 
on  personal  and  real  property  in  such  city  levied  under  this  act 
shall  become  due  May  1st  and  delinquent  on  July  1st  of  the  j^ear 
following  the  levy  and  shall  draw  the  same  rate  of  interest  as  the 
general  taxes  of  the  county  and  state. 

All  general  taxes  levied  and  unpaid  prior  to  the  passage  of 
this  act  shall  become  delinquent  on  the  first  of  July  next  succeed- 
ing the  levy  thereof  and  shall  draw  interest  at  the  rate  of  one 
per  cent  per  month  payable  in  advance,  which  interest  shall  be 
collected  at  the  sam.e  time  and  as  a  part  of  the  delinquent  tax. 

Section  162.  It  shall  be  the  duty  of  the  city  treasurer  to  pro- 
ceed as  soon  as  practicable  after  any  personal  tax  becomes  delin- 
quent or  prior  thereto  whenever  said  treasurer  shall  believe  that 
any  person,  firm  or  corporation  is  about  to  dispose  of  any  personal 
property  on  which  a  tax  has  been  levied,  to  collect  the  same  by 
distress  and  sale  of  the  personal  property  of  such  person,  firm  or 
corporation  if  any  such  property  can  be  found  within  such  city. 
No  demand  of  taxes  shall  be  necessar}^  but  it  shall  be  the  duty 
of  every  person  owing  any  municipal  tax  or  taxes  in  such  cities 
to  attend  at  the  treasurer's  office  and  pay  the  same. 

Section  163.  All  general  municipal  taxes  upon  real  estate 
shall  be  a  first  lien  upon  the  real  estate  upon  which  it  is  levipd 
and  take  priority  over  all  other  encumbrances  and  liens  thereon. 
All  special  assessments  regularly  levied  shall  be  a  perpetual  lien 
on  the  real  estate  assessed  from  the  date  of  levy  until  paid,  but 
shall  be  subject  to  all  general  taxes.  The  lien  of  all  general 
municipal  taxes  levied  on  personal  and  real  property  after  the 


78  CITY    CHARTER. 

passage  of  this  act  shall  be  governed  by  the  general  revenue  laws 
of  this  state. 

Section  164.  The  powers,  rights,  duties  and  proceedings  of  the 
city  treasurer  and  of  such  deputies  as  he  may  appoint  shall  in  all 
respects  as  far  as  applicable  and  except  as  herein  otherwise  pro- 
vided, be  the  same  in  respect  to  the  collection  of  municipal  taxes, 
and  assessments  as  those  of  the  county  treasurer  in  like  cases 
with  reference  to  the  collection  of  county  taxes. 

Section  165.  All  municipal  taxes  and  all  special  assessments 
in  such  cities  shall  be  paid  in  cash.  The  city  treasurer  and  his 
deputies  in  such  cities  shall  have  the  same  powers  for  the  collection 
of  all  such  taxes  as  are  conferred,  or  may  be  conferred,  by  law 
upon  the  county  treasurer  and  his  deputies  for  the  collection  of 
county  taxes,  except  as  otherwise  provided  in  this  act.  The  city 
treasurer  may  sue  for  the  recovery  of  any  tax  in  his  own  name  as 
treasurer,  or  in  the  name  of  the  city,  and  shall  have  all  the  rights 
of  a  creditor  in  such  suits  and  in  the  enforcement  of  a  judgment 
or  decree. 

Section  166.  No  warrant  other  than  the  warrant  of  the  County 
Clerk,  issued  to  the  County  Treasurer,  under  the  General  Revenue 
Law,  shall  be  necessary  for  collection  of  the  General  taxes 
levied  for  such  cities. 

Section  167.  It  shall  be  the  duty  of  the  city  clerk,  when  re- 
quested by  the  city  or  county  treasurer,  to  issue  warrants  for  the 
collection  of  any  delinquent  personal  taxes  that  have  been  levied 
by  such  city.  Each  of  such  warrants  shall  include  all  delinquent 
personal  taxes  of  the  person  against  whom  such  warrant  is  issued. 
Such  warrant  shall  have  the  same  force  and  effect  as  warrants 
issued  under  the  general  revenue  laws  of  the  state,  and  all  the 
proceedings  thereunder  shall  conform  to  such  laws. 

Section  168.  When  any  special  assessment  is  levied  it  shall 
be  the  duty  of  the  city  clerk  to  deliver  to  the  city  treasurer  a 
certified  copy  of  the  ordinance  levying  such  tax,  and  the  city  clerk 
shall  append  thereto  a  warrant  requiring  the  city  treasurer  to 
collect  such  special  assessments.  It  shall  be  the  duty  of  the  city 
clerk  to  immediately  give  notice  by  mail  to  the  owners  of  the 
property  so  assessed,  or  their  agents,  if  the  addresses  of  such  persons 
can  be  ascertained,  that  such  assessments  will  become  delinquent 
on  a  certain  date. 

Section  169.    All  special  assessments   except   when   payable   in 


CITY    CHARTER.  79 

installments  shall  be  deemed  delinquent  if  not  paid  within  fifty- 
days  after  the  passage  and  approval  of  the  ordinance  levying  the 
same,  and  interest  at  the  rate  of  one  per  cent  a  month,  payable 
in  advance,  shall  be  paid  on  all  dehnquent  special  assessments 
from  the  time  the  same  shall  become  delinquent. 

Section  170.  The  assessment  of  special  taxes  for  improving 
the  streets  and  alleys  within  any  improvement  district  shall  be 
made  as  follows:  The  total  cost  of  improvements  shall  be  levied 
at  one  time  upon  the  property  and  become  delinquent  as  herein 
provided.  One-tenth  (1-10)  of  the  total  amount  shall  be  delin- 
c^uent  in  fifty  days  after  such  levy,  one-tenth  (1-10)  in  one  year; 
one-tenth  (1-10)  in  two  years;  one-tenth  (1-10)  in  three  years; 
one-tenth  (1-10)  in  four  years;  one-tenth  (1-10)  in  five  years; 
one-tenth  (1-10)  in  six  years;  one-tenth  (1-10)  in  seven  years; 
one-tenth  (1-10)  in  eight  years;  one-tenth  (1-10)  in  nine  years; 
each  of  said  installments  except  the  first  shall  draw  interest  at 
the  rate  of  six  per  cent  per  annum  from  the  time  of  lev}^  afore- 
said until  the  same  shall  become  dehnquent,  and  after  the  same 
shall  become  delinquent  shall  draw  interest  at  the  rate  of  one 
(1)  per  cent  per  month  payable  in  advance,  as  in  case  of  other 
special  taxes.  Such  assessments  shall  be  collected  and  enforced 
as  in  other  cases  of  special  assessments. 

Section  171.  All  special  assessments  after  being  certified  as 
herein  provided  shall  be  collected  b}^  the  City  Treasurer. 

Section  172.  It  shall  be  the  duty  of  the  County  Treasurer,  as 
ex-officio  City  Treasurer  to  prepare  a  list  of  all  delinquent  city 
taxes  and  assessments  upon  real  estate  in  the  same  manner  as  is 
provided  by  law,  for  the  preparation  of  the  lists  of  the  delinquent 
state  and  County  Taxes.  All  such  dehnquent  taxes  and  special 
assessments  shall  be  collected  in  the  same  manner  as  County  Taxes, 
and  all  purchasers  of  such  taxes  and  assessments  at  tax  sales  shall 
have  the  same  rights  as  if  the  item  or  items  of  taxes  or  assessments 
included  County  and  State  taxes.  The  failure,  neglect  or  refusal 
of  the  County  Treasurer  as  ex-ofi^cio  City  Treasurer  to  collect  any 
■  tax  or  assessment  on  real  estate  by  distress  or  sale  of  the  personal 
property  of  the  owner  thereof  shall  not  in  any  wise  affect  or  invali- 
date the  sale  of  such  land  or  any  such  delinquent  tax  or  special 
assessment. 

Section  173.  The  mayor  and  council  shall  have  power  to  levy 
and  collect  a  license  tax  on  shows,  caravans,  circuses  and  exhibi- 
tions for  pay;  billiard  tables,  ball  and  ten  pin  alleys,  without  regard 


80  CITY    CHARTER. 

to  the  number  of  pins  used;  hacks,  drays,  or  other  vehicles  used 
for  pay  within  the  city,  and  may  prescribe  the  compensation  for 
the  use  of  such  hacks,  drays  and  other  vehicles. 

Section  174.  The  mayor  and  council  shall  have  power  to  tax 
for  revenue,  license  and  regulate  pawnbrokers,  peddlers,  auction- 
eers, brokers,  hawkers,  commission  merchants,  showmen,  jugglers, 
innkeepers,  liquor  dealers,  toll-bridges,  ferries,  insurance,  tele- 
grajDh,  and  express  companies  and  venders  of  patents;  such  tax 
may  include  both  a  tax  for  revenue  and  license. 

The  mayor  and  city  council  shall  have  power  to  raise  revenue 
by  levying  and  collecting  a  tax  on  any  occupation  or  business 
within  the  limits  of  the  city  and  regulate  the  same  by  ordinance. 
All  such  taxes  shall  be  uniform  in  respect  to  the  class  upon  which 
they  are  imposed;  provided  that  all  scientific  and  literary  lectures 
and  entertainments  shall  be  exempt  from  taxation  as  well  as 
concerts  and  all  other  musical  entertainments  given  exclusively 
by  the  citizens  of  the  city.  It  shall  be  the  dutyof  the  City  Clerk 
to  deliver  to  the  City  Treasurer  the  certified  copy  of  the  ordinance 
levying  such  tax  and  the  city  clerk  shall  append  thereto  a  war- 
rant requiring  the  city  Treasurer  to  collect  said  tax. 

Section  175.  In  all  cases,  except  as  hereinafter  otherwise  pro- 
vided before  any  special  tax  or  assessment  be  levied,  it  shall  be 
the  duty  of  the  council  to  sit  as  a  board  of  equahzation  for  not 
less  than  two  days  commencing  on  the  first  Monday  of  each  month. 
Such  sessions  to  be  held  between  the  hours  of  10  o'clock  A.  M. 
and  5  o'clock  P.  M.  in  the  city  council  chamber  for  two  or  more 
consecutive  days.  It  shall  be  the  duty  of  the  city  clerk  to  publish 
a  notice  of  such  sitting  for  at  least  three  days;  the  first  pubHcation 
to  be  at  least  seven  days  jjrior  to  the  first  session  of  said  board. 
A  majority  of  all  members  elected  to  said  council  shall  constitute 
a  quorum  for  the  transaction  of  any  business  properly  brought 
before  them,  but  a  less  number  may  adjourn  from  time  to  time, 
and  compel  the  attendance  of  absent  members.  The  proceedings 
of  said  board  shall  not  be  invaHdated  by  the  absence  of  a  quorum 
during  the  advertised  hours  of  sitting.  The  city  clerk  or  some 
member  of  the  said  board  shall  be  present  to  receive  complaints,  ap- 
plications, and  to  give  information.  Provided,  no  final  action  shall 
be  taken  by  said  board,  except  by  a  quorum  in  open  session. 
When  sitting  as  a  board  of  equalization,  the  council  may  adopt 
such  reasonable  rules  as  to  the  manner  of  presenting  complaints 
and  applying  for  remedy  and  relief  as  shall  seem  just.     But  all 


CITY    CHARTER.  81 

complaints  must  be  in  writing  filed  with  the  city  clerk  and  specify 
the  objections  to  the  proposed  assessment.  At  such  session  the 
said  board  shall  hear  and  determine  all  such  complaints,  and  shall 
equalize  and  correct  such  assessment  and  after  all  corrections 
have  been  made  the  council  may  levy  such  special  assessments  by 
ordinance  at  a  regular  meeting  thereafter.  The  ordinance  levying 
a  special  assessment  shall  be  final  and  binding  as  the  final  order 
or  judgment  of  a  court  of  general  jurisdiction.  After  the  passage 
of  such  ordinance  no  court  shall  entertain  any  action  for  reUef 
against  such  special  assessment,  except  upon  appeal  from  such 
final  order,  which  remedy  shall  be  deemed  exclusive. 

Section  176.  Any  person  who  has  filed  a  written  complaint 
before  said  board  shall  have  the  right  to  appeal  to  the  district 
court  of  the  county  within  which  such  city  is  located,  by  filing  a 
good  and  sufficient  bond  in  the  sum  of  not  less  than  fifty  dollars 
and  not  more  than  double  the  amount  of  the  assessment  com- 
plained of,  conditioned  for  the  faithful  prosecution  of  such  apeal 
and  if  the  judgment  or  special  assessment  is  sustained,  to  pay  the 
amount  of  such  judgment,  interest  and  costs.  Such  bond  shall 
be  approved  and  appeal  taken  as  specified  in  this  act.  If  the 
court  finds  such  assessment  to  be  vahd,  it  shall  render  a  decree 
for  the  amount  of  the  assessment,  interest  and  costs  and  declare 
the  same  a  lien  upon  the  lots  or  lands  so  assessed ;  and  if  the  court 
finds  that  the  tax  is  invahd  it  shall  order  a  relevy  of  such  assess- 
ment or  enter  such  decree  as  may  be  just  and  equitable. 

Section  177.  All  special  assessments  to  cover  the  cost  of  any 
public  improvements  herein  authorized  shall  be  levied  and  as- 
sessed on  all  lots,  parts  of  lots,  lands  and  real  estate  specially 
benefited  such  improvement,  or  within  the  district  created 
for  the  purpose  of  making  such  improvement,  to  the  extent  of 
the  benefits  to  such  lots,  parts  of  lots,  lands  and  real  estate  by 
reason  of  such  improvements,  such  benefits  to  be  determined  by 
the  council  sitting  as  a  board  of  equalization.  Where  they  shall 
find  such  benefits  to  be  equal  and  uniform,  such  assessment  may 
be  according  to  the  foot  frontage,  and  may  be  prorated  and  scaled 
back  from  the  line  of  such  improvement  according  to  such  rules 
as  the  board  of  equalization  shall  consider  fair  and  equitable. 

Section  178.  The  word  "lot"  as  in  this  act  used,  shall  be  taken 
to  mean  a  lot  as  described  and  designated  upon  the  recorded  plat 
of  any  such  city,  and  in  case  there  is  no  recorded  plat  of  anj^  such 
city,  it  shall  mean  a  lot  as  described  and  designated  upon  any 


82  CITY    CHARTER. 

generally  recognized  map  of  such  city.  The  word  "lands"  shall 
mean  any  unsubdivided  real  estate.  The  word  "street"  shall  be 
deemed  to  include  boulevards,  avenues,  alleys  and  lanes,  or  any 
form  of  public  roadway  in  the  city. 

Section  179.  It  shall  be  sufficient,  in  any  case,  in  making  a 
levy  or  assessment  of  any  tax,  to  describe  the  lot  or  piece  of  ground 
as  the  same  is  platted  and  recorded,  although  the  same  belong  to 
several  persons;  but  in  case  any  lot  or  piece  of  ground  belongs  to 
several  persons,  the  owner  of  any  part  thereof  may  pay  his  pro- 
portion of  the  tax  on  such  lot  or  piece  of  ground,  and  his  proper 
share  may  be  determined  by  the  city  treasurer. 

Section  180.  In  cases  where  paving  has  been  already  done  in 
whole  or  in  part,  or  contracts  have  been  let  therefor  under  exist- 
ing laws,  in  case  the  lots  and  real  estate  abutting  upon  that  part 
of  the  street  ordered  paved  as  shown  upon  any  such  plat  or  map, 
are  not  of  uniform  depth  as  well  as  in  all  cases  where,  in  the  discre- 
tion of  the  board  of  equalization,  it  is  just  and  proper  so  to  do, 
the  said  board  shall  have  the  right  and  authority  to  fix  and  deter- 
mine the  depth  to  which  real  estate  shall  be  charged  and 
assessed  with  the  cost  of  such  improvement,  without  regard 
to  the  line  of  such  lots,  the  same  to  be  fixed  and  determined  upon 
the  basis  of  benefits  accruing  to  the  real  estate  by  reason  of  such 
improvement.  The  provisions  of  this  section  in  regard  to  the 
depth  to  which  real  estate  may  be  charged  and  assessed,  shall 
apply  to  all  special  assessments  except  assessments  for  sidewalks. 

Section  181.  Whenever  the  mayor  and  council  shall  enter  into 
or  shall  have  entered  into  a  contract  with  any  paving  contractor 
to  keep  the  pavement  in  any  paving  or  street  improvement  dis- 
trict in  repair  for  a  term  of  years,  after  the  expiration  of  the  term 
of  original  contract  guarantee,  for  a  specified  price  per  year,  said 
mayor  and  council  shall  have  the  power  and  it  shall  be  their  duty 
to  levy  annually  a  special  assessment  upon  all  the  property  in  the 
paving  or  street  improvement  district  to  cover  the  cost  of  said 
repairs.  Such  special  assessment  shall  be  levied  and  collected  as 
in  other  cases  of  special  assessments.  The  mayor  and  council 
shall  have  power  to  estabhsh  and  maintain  a  paving  repair  plant 
and  to  pave  or  repair  paving.  The  cost  of  such  repairs  may  be 
paid  from  the  funds  of  the  city  or  may  be  assessed  upon  the  abut- 
ting property,  after  such  contracts  have  expired. 

Section  182.  The  cost   and   expense    of   grading,    filling,    culti- 


CITY    CHAETER.  83 

vating,  curbing,  guttering  or  otherwise  draining  or  improving 
constructing  or  repairing  streets,  avenues,  alle3's  and  sidewalks 
at  their  intersections  may  be  included  in  the  special  assessment 
levied  for  the  construction  or  improvement  of  any  one  street, 
avenue,  alley  or  sidewalk,  as  may  be  deemed  best  by  the  council. 

Section  183.  Special  assessments  may  be  levied  as  the  im- 
13rovements  are  completed  in  front  or  along,  or  upon  any  block 
or  piece  of  ground,  or  at  the  time  the  improvement  is  entirely 
completed,  or  otherwise,  according  as  shall  be  provided  in  the 
ordinance  levying  the  tax. 

Section  184.  No  special  assessment  shall  be  declared  void  or 
invalid  because  said  board  of  equalization  has  included  in  the  total 
cost  of  the  improvement;  (1.)  The  cost  of  inspection  under  the 
direction  of  the  city  engineer,  (2.)  The  cost  of  such  grading, 
fining  or  street  repairs  incidental  to  such  improvement;  (3.)  The 
additional  cost  of  maintenance  or  repair  of  such  improvement 
included  in  the  contract  for  such  work. 

Section  185.  Whenever  any  municipal  tax  or  taxes  levied  for 
any  former  year  shall  remain  uncollected  because  of  any  defect, 
error  or  irregularity  in  either  the  power  or  manner  of  making  the 
levy  thereof,  it  shall  be  lawful  for  the  mayor  and  council  of  such 
city  to  again  lev}^  a  tax  upon  the  property  so  delinquent  in  lieu 
of  such  former  tax  or  taxes,  and  at  the  same  rate,  and. upon  the 
same  assessment  as  such  former  tax  or  taxes  were  levied ;  and  such 
tax  or  taxes  shall  be  inserted  in  the  tax  list,  and  shall  be  collected 
in  the  same  manner  as  other  general  taxes.  The  city  council  may, 
at  any  time,  correct  any  error  or  defect,  or  supply  any  omission 
in  the  assessment  or  listing  of  any  property  subject  to  municipal 
tax  made  for  the  purpose  of  taxation  for  the  then  current  fiscal 
year,  and  may  require  any  and  all  persons  to  appear  and  answer 
under  oath  as  to  their  possession  or  control  of  personal  property, 
subject  to  municipal  taxation. 

Section  186.  In  cases  of  omission,  mistake,  defect,  or  any  irregu- 
larity in  the  preliminary  proceedings  on  any  special  assessment, 
the  mayor  and  city  council  shall  have  power  to  correct  such  mis- 
take, omission,  defect  or  irregularity  and  levy  or  relevy,  as  the 
case  may  be,  a  special  assessment  on  any  or  all  property  in  said 
district  in  accordance  with  the  special  benefits  to  said  property 
on  account  of  said  improvement  as  found  by  said  council  sitting 
as   a   board   of  equalization.     And   said   mayor  anrl   city  council 


84  CITY    CHARTER. 

shall  deduct  from  said  benefits  and  allow  as  a  credit,  before  such 
relevy,  an  amount  equal  to  the  sum  of  the  installments  paid  on 
the  original  lev3^ 

Section  187.  The  maj^or  and  council,  by  ordinance,  may  make 
such  compromise,  settlement  or  adjustment  of  any  action  or  litiga- 
tion concerning  the  validity,  legality  or  regularity  of  any  tax  or 
taxes  levied  for  city  purposes,  as  they  may  deem  just  and  expe- 
dient and  the  city  treasurer  shall  conform  thereto  in  his  action 
respecting  the  collection  of  taxes  under  any  tax  Hst  in  his  hands. 
These  provisions  shall  apjJly  to  general  municipal  taxes  and  to 
special  assessments  as  far  as  the  same  may  be  applicable. 

Section  188.  Whenever,  after  the  passage  of  this  act,  any 
special  tax  or  assessment  upon  any  lot  or  lots,  lands  or  parcels  of 
land,  is  found  to  be  invalid,  uncollectable  and  void,  or  shall  be 
adjudged  to  be  void  by  any  court  of  competent  jurisdiction,  or 
paid  under  protest,  and  recovered  by  suit,  because  of  any  defect, 
irregularity  or  invalidity  in  any  of  the  proceedings  or  on  account 
of  the  failure  to  observe  and  comply  with  any  of  the  conditions, 
prerequisites,  and  requirements  of  any  statute  or  ordinance,  the 
mayor  and  council  shall  have  the  power  to  relevy  the  same  upon 
the  said  lot  or  lots,  lands  or  parcels  of  lands  in  the  same  manner 
as  other  special  taxes  and  assessments  are  levied,  without  regard 
to  whether  the  formalities,  prerequisites,  conditions,  prior  to  equali- 
zation have  been  had  or  not.  Provided,  that  the  provisions  of 
this  section  shall  be  deemed  cumulative  and  in  addition  to  any 
right,  power  or  authority  to  relevy  any  special  tax  or  assessment 
conferred  by  the  other  provisions  of  this  act  or  the  statutes  of 
this  state. 

Section  189.  The  mayor  an'd  council  shall  have  the  care,  man- 
agement and  control  of  the  city,  its  property  and  finances,  and 
shall  have  power  to  pass,  amend  or  repeal  any  and  all  ordinances 
necessary  or  proper  to  execute  or  carry  into  effect  any  of  the  pro- 
visions hereof,  or  any  of  the  powers  herein  granted,  except  as 
otherwise  provided  herein. 

Section  190.  All  funds  of  the  city  shall,  as  the  same  accrue, 
be,  by  the  city  treasurer,  placed  on  deposit  in  such  banks  within 
said  city,  as  shall  agree  to  pay  the  best  rates  of  interest  for  the 
use  of  such  funds  so  deposited,  and  the  city  council  is  hereby 
directed  to  advertise  for  bids  for  deposit  of  such  funds  as  is  hereby 
contemplated.     Such  banks  shall  pay  to  the  city  treasurer  monthly 


CITY    CHARTER.  85 

interest  on  the  daily  balances  in  such  bank  for  the  current  month. 
No  deposit  shall  at  any  time  be  made  in  any  bank  having  less 
than  two  hundred  thousand  dollars  paid  up  capital  stock,  and 
no  deposit  shall  be  made  in  any  bank  in  excess  of  twenty-five 
per  cent  of  its  paid  up  capital  stock.  The  bank  or  banks  so  selected 
shall  give  bond  to  the  city,  to  be  approved  by  the  mayor  and  city 
council,  for  the  safe  keeping  of  said  deposit  and  interest  thereon, 
in  double  the  amount  of  money  at  any  one  time  in  their  possession, 
the  said  bond  to  be  signed  by  two  or  more  sureties,  who  shall  be 
citizens  and  freeholders  of  the  state  of  Nebraska,  or  by  one  or 
more  responsible  surety  companies,  at  the  option  of  the  mayor 
and  council.  The  treasurer  shall  keep  all  money  in  his  hands 
belonging  to  the  city  and  school  district  of  the  city,  separate  and 
distinct  from  each  other  and  from  his  own  moneys;  and  he  is  here- 
by expressly  prohibited  from  using  any  such  money,  or  any  war- 
rants or  other  securities  in  his  custody,  or  receiving  any  interest 
thereon,  either  directly  or  indirectly  for  his  own  use  or  benefit, 
or  for  the  use  or  benefit  of  any  other  person  or  corporation  except 
said  city  or  school  district  the^'ein.  Any  violation  of  this  pro- 
vision shall  be  malfeasance  in  office  and  render  such  officer  subject 
to  suspension  and  removal.  All  interest  on  moneys  of  the  city 
shall  be  reported  by  the  treasurer  to  the  city  council  and  comp- 
troller, and  be  carried  into  the  sinking  fund  of  such  city,  and  all 
interest  on  moneys  of  the  school  district  shall  be  reported  to  the 
Board  of  Education  and  placed  to  the  credit  of  the  school  fund. 
All  interest  on  the  water  fund  shall  be  placed  to  the  credit  of  the 
water  fund.  All  funds  of  the  city  collect  by  the  county  trea- 
surer, as  provided  in  this  act,  prior  to  the  first  Thursday  after  the 
first  Tuesday  in  January,  1906,  shall  be  paid  to  the  city  treasurer, 
and  all  funds  collected  after  said  date  b}^  said  county  treasurer,  as 
ex-officio  city  treasurer,  shall  be  deposited  in  the  manner 
hereinbefore  provided.  The  county  treasurer,  as  ex-officio  city 
treasurer,  and  the  sureties  on  his  bond  as  such  treasurer,  shall  be 
liable  for  such  funds  of  such  city  in  the  same  manner  and  to  the 
same  extent  as  such  treasurer  and  his  sureties  are  liable  for  the 
deposit  of  county  funds. 

Section  191.  All  money  received  on  any  special  assessment 
shall  be  held  by  the  treasurer  as  a  special  fund,  to  be  apphed  to 
the  payment  of  the  improvement  for  which  the  assessment  was 
made;  and  such  money  shall  be  used  for  no  other  purpose  what- 
ever. Provided  that  the  mayor  and  council  shall  have  the  power 
and  it  shall  be  their  duty  by  ordinance  or  concurrent  resolution. 


86  CITY    CHARTER. 

to  be  prepared  by  the  city  attorney  and  reported  by  him  to  the 
city  council,  whenever  they  shall  deem  proper  so  to  do,  to  prevent 
accruing  interest  to  provide  and  require  that  any  money  to  the 
credit  of  any  special  fund  on  account  of  which  bonds  may  have 
been  issued,  to  be  invested  in  bonds  of  the  city,  city  warrants, 
state  bonds,  or  warrants,  as  said  mayor  and  council  shall  approve 
so  as  to  realize  on  such  bonds  or  securities  at  maturity  of  the  bonces 
issued  on  account  of  such  fund.  But  the  city  treasurer  shall  have 
no  powder  to  invest  such  fund  until  so  authorized  by  such  reso- 
lution. 

Section  192.  All  warrants  shall  be  drawn  by  the  comptroller 
upon  the  treasurer  and  must  be  signed  by  the  ma5^or  and  comp- 
troller, stating  the  particular  fund  or  appropriation  to  which  the 
same  is  chargeable,  and  the  person  to  whom  payable,  and  no 
money  shall  be  otherwise  paid  on  account  of  the  city  than  upon 
such  warrants  so  drawn  unless  otherwise  provided  by  law.  All 
warrants  upon  the  water  fund  shall  be  drawn  by  the  comptroller 
upon  the  treasurer  as  ordered  bj'  the  water  board,  and  must  be 
signed  by  the  chairman  of  the  water  board  and  comptroller,  and 
no  money  shall  be  paid  from  the  water  fund  otherwise  than  upon 
such  warrants  so  drawn  unless  otherwise  provided  by  law. 

Section  193.  It  shall  be  the  duty  of  the  city  comptroller  to 
deduct  from  the  face  of  each  warrant  the  amount  which  the 
payee  of  the  warrant  may  owe  the  city.  If  the  amount  of  the 
debt  due  the  city  exceeds  the  face  of  the  warrant,  the  city  comp- 
troller shall  hold  the  warrant  until  the  debt  is  paid.  No  assign- 
ment of  a  claim  shall  defeat  the  right  to  deduct  the  debt  from 
the  amount  due  the  claimant.  The  claimant  or  his  assignee  may 
appeal  from  the  decision  of  the  city  council  as  provided  in  this 
act.  All  warrants  drawn  on  the  county  treasurer  as  ex-officio 
city  treasurer  shall  be  subject  to  the  provisions  of  this  section. 

Section  194.  All  bonds  shall  be  prepared  by  the  comptroller, 
signed  by  the  mayor  and  countersigned  and  registered  by  the 
city  comptroller  before  delivery,  and  it  shall  be  the  duty  of  the 
city  treasurer  to  promptly  report  to  the  comptroller  detailed 
statements  of  all  receipts  of  money  from  the  proceeds  of  the  sale 
of  bonds  and  to  whom  such  bonds  were  sold.  All  bonds  shall 
express  upon  their  face  the  purpose  for  which  they  were  issued, 
and  the  proceeds  thereof  shall  not  be  diverted  to  other  purposes. 
Each  proposition  for  the  issue  of  bonds  required  to  be  submited 
at  a  general  or  special  election  must  contain  but  one  subject  or 


CITY    CHARTER.  87 

purpose,  and  shall  specify  the  maximum  amount  proposed  to  be 
issued  and  state  distinctly  the  purpose  thereof,  and  a  separate 
vote  must  be  required  on  each  proposition  so  submitted.  No 
bonds  shall  be  issued  for  the  purpose  of  paying  salaries  or  the 
current  expenses  of  the  city.  No  bonds  shall  be  sold  for  less 
than  par. 

Section  195.  The  mayor  and  council  are  hereby  authorized 
and  empowered  to  issue  bonds  of  the  city  with  interest  coupons 
annexed  in  such  amounts  and  for  such  length  of  time  as  they  may 
deem  proper  the  rate  of  interest  not  to  exceed  five  per  cent  per 
annum,  except  as  otherwise  provided  in  this  act.  (1);  For  the 
construction  and  maintenance  of  sewers,  (2),  For  the  construc- 
tion of  subways  or  conduits,  (3),  For  the  renewal  of  outstanding- 
bonds  of  said  city,  or  in  exchange  of  outstanding  bonds  for  the 
purpose  of  reducing  the  rate  of  interest,  where  bonds  of  the  city 
permit  payment  before  maturity  or  in  cases  where  bonds  may 
be  refunded  by  agreement,  (4),  For  the  construction  or  purchase 
of  a  city  hall,  auditorium,  or  other  needful  buildings  for  the  use 
of  the  city,  (5),  For  the  construction  of  bridges  or  for  the  con- 
struction, appropriation  or  purchase  of  gas  works,  water  works, 
electric  light  plants,  power  plants  and  lands  therefor,  or  land 
for  public  parks,  parkways  or  boulevards,  (6),  For  the  purpose 
of  funding,  or  taking  up  and  making  payment  of  the  floating  in- 
debtedness and  liabilities  of  the  city,  but  the  total  outstanding- 
bonds  of  the  city  for  the  last  named  purpose  shall  never  exceed 
five   hundred   thousand   dollars   ($500,000). 

Section  196.  The  bonded  indebtedness  of  such  city,  exclusive 
of  district  paving  bonds,  district  grading  bonds,  curbing  and  gut- 
tering bonds,  district  improvement  bonds.,  pubHc  library  bonds, 
renewal  bonds,  bonds  issued  for  the  purpose  of  funding,  or  taking 
up  and  making  payment  of  the  floating  indebtedness  and  liabili- 
ties of  the  city,  or  bonds  issued  for  the  erection  or  purchase  of  a 
cit}"  hall,  auditorium  or  fire  engine  house,  or  the  construction  of 
bridges,  or  for  the  construction  and  maintenance  of  subways  and 
conduits,  or  for  park  purposes  or  for  the  purchase,  construction 
or  appropriation  of  gas  works,  water  works,  electric  light  plants 
or  power  plants,  shall  not,  at  any  time,  exceed  in  the  aggregate 
two  million  seven  hundred  and  fifty  thousand  dollars  ($2,750,000). 

Section  197.  No  bonds  shall  hereafter  be  issued  in  any  one  year 
in  excess  of  two  hundred  thousand  dollars  ($200,000)  except  re- 
newal })onds,   or  l)on(ls  issued  to  be  exchanged  for  other  bonds 


88  CITY    CHARTKK. 

for  the  purpose  of  reducing  the  rate  of  interest,  district  grading 
bonds,  bonds  for  funding  the  floating  indebtedness,  bonds  for 
the  construction  and  maintenance  of  subways  or  conduits  or  bonds 
for  the  purchase,  construction  or  appropriation  of  gas  works, 
water  works,  electric  light  or  power  plants  and  land  therefor, 
or  land  for  public  parks,  parkways  or  boulevards.  No  bonds, 
except  district  street  improvement  bonds,  renewal  bonds  or  bonds 
in  exchange  for  other  bonds,  district  grading  bonds,  and  bonds 
for  funding  the  floating  indebtedness  shall  be  issued  until  the 
electors  of  said  city  shall  have  authorized  the  same  by  a  two- 
thirds  vote  of  the  electors  of  such  city,  voting  on  said  proposition, 
at  a  general  or  special  election  of  said  city  held  after  ten  da3's 
notice  published  in  the  official  paper  of  the  city,  stating  the  maxi- 
mum amount  proposed  to  be  issued,  and  stating  distinct!}^  the 
purpose  for  which  they  are  to  be  issued.  Provided  that  bonds 
for  water-works  may  be  authorized  by  a  majority  vote  of  the  elec- 
tors of  the  city,  voting  on  such  proposition  at  a  general  election 
or  by  a  two-thirds  vote  cast  on  such  proposition  in  case  it 
shall  be  submitted  at  a  special  election. 

Section  198.  For  the  purpose  of  paying  the  cost  of  improving 
the  streets  and  alleys  in  any  improvement  district,  exclusive  of 
intersections  of  streets  or  alleys  therein,  the  mayor  and  city 
council  shall  have  power  and  may  by  ordinance  cause  to  be  issued 
bonds   of   the   city   to   be    called    "District   Street   Improvement 

Bonds"  of  District  No ,  bearing  interest  not  exceeding  the 

rate  of  five  (5%)  per  cent,  per  annum,  with  interest  coupons  attached, 
and  in  such  case  shall  also  provide  that  the  special  taxes  and  as- 
sessments levied  in  said  district  shall  constitute  a  sinking  fund 
for  the  payment  of  said  bonds  and  interest.  Such  bonds  shall 
not  be  issued  until  such  improvement  has  been  approved  and 
special  taxes  for  the  same  have  been  levied.  The  amount  of  such 
bonds  shall  not  exceed  the  total  amount  of  such  assessment. 

Section  199.  Whenever  the  mayor  and  council  deem  it  expedient, 
they  shall  have  power  for  the  purpose  of  paying  the  cost  of  paving, 
repaving  or  macadamizing  the  intersection  of  streets  and  spaces 
opposite  alleys  in  the  city,  and  in  front  of  property  not  subject 
to  assessment  for  pubhc  improvements  to  issue  bonds  of  the  city, 
to  run  not  more  than  twenty  years,  and  to  bear  interest  payable 
semi-annually  at  the  rate  of  not  exceeding  five  per  cent  per  annum, 
with  coupons  attached,  to  be  called  "Intersection  Bonds"  and 
which  shall  not  be  sold  for  less  than  jDar,  and  the  proceeds  of  which 


CITY    CHARTER.  89 

shall  be  used  for  no  other  purpose.  The  aggregate  amount  of 
such  bonds  issued  in  one  year  shall  not  exceed  the  sum  of  one 
hundred  thousand  ($100,000)  dollars.  Such  bonds  shall  not  be 
issued  until  the  question  of  issuing  the  same  has  been  submitted 
to  the  electors  of  the  city  at  a  general  or  special  election  therein, 
and  authorized  by  a  vote  of  two-thirds  of  the  electors  voting  on 
such  question  at  such  election. 

Section  200.  That  where  the  mayor  and  council  have  hereto- 
fore issued  bonds  for  the  purpose  of  taking  up  and  renewing  bonds 
issued  by  any  such  city  without  having  submitted  the  proposition  to 
issue  such  renewal  bonds  to  the  electors,  as  required  by  Section 
11,  of  Chapter  111  of  the  Session  Laws  of  1893,  the  mayor  and 
council  of  such  city  may  by  resolution  ratify  the  bonds  so  issued, 
and  such  bonds  when  so  ratified  shall  be  valid  obligations  of  such 
city  as  if  authorized  by  the  electors  thereof,  and  of  the  same  force 
and  effect  as  if  issued  in  compliance  with  the  act  of  the  legislature 
of  this  state  relating  to  cities  of  the  metropolitan  class  and  the 
amendments  thereof;  (Laws  1897,  Chapter  XII,  Took  effect  July 
9,  1897.) 

Section  201.  For  the  purpose  of  pa3dng  for  and  improving 
lands,  lots  or  grounds  purchased  or  appropriated  for  parks,  park- 
ways or  boulevards,  the  mayor  and  council  may  issue  bonds  to 
an  amount  necessary,  not  to  exceed  fifty  thousand  dollars  ($50,000) 
per  year.     Said   bonds   to   be   designated   and   known   as   "Park 

Bonds,  Series ^"  and  to  be  issued  and  used  in  accordance 

with  the  provisions  governing  the  issuance  of  sewer,  funding  and 
other  public  improvement  bonds  by  this  act  contemplated.  Provided, 
no  such  bonds  shall  be  issued  until  the  question  of  the  issuing  of 
the  same  has  been  submitted  to  the  electors  of  the  city  at  a 
general  or  special  election  therein,  and  authorized  by  a  vote  of 
two-thirds  (f)  of  the  electors  voting  on  said  question  at  such 
election.  When  improvements  are  made  upon  or  in'  streets,  or 
sidewalks  adjacent  to,  and  abutting  upon,  parks,  parkways  or 
boulevards  and  similar  grounds  in  charge  and  control  of  said 
board  of  park  commissioners,  the  cost  or  expense  of  which  would 
otherwise  be  chargeable  to  the  city,  the  same  shall  be  paid  from 
the  park  fund  herein  provided;  and  said  commissioners  are  hereby 
directed  to  pay  the  cost  of  such  improvements. 

Section  202.  The  corporate  name  of  each  city  organized  under 

or  governed  by  this  act,  shall  be  "The  city  of ,"  and  all 

or  every  process  or  notice  whatever  affecting  any  such  city,  shall 


90  CITY    CHARTER. 

be  served  upon  the  mayor,  or  acting  mayor,  or  in  the  absence  of 
both  of  said  officers  from  the  city,  then  upon  the  city  clerk,  unless 
otherwise  provided  in  this  act. 

Section  203.  In  an}'  and  all  suits  at  law  or  in  equity  that  may 
be  brought  against  the  city,  if  the  city  shall  refuse  or  neglect  to 
defend  the  same,  any  resident  taxpayer  may,  in  behalf  of  the  city, 
defend  said  suit  at  the  cost  of  the  city,  not  including  attorney's 
fees. 

Section  204.  The  city  attorney  shall  have  power  to  intervene 
in  any  suit  or  proceeding,  when  the  rights  of  the  city  are  involved, 
or  where  the  city  is  a  proper  party.  He  shall  also  have  power  to 
waive  the  issuance  and  service  of  summons  and  may  enter  a  volun- 
tary appearance  when  in  his  opinion  the  interests  of  the  city  may 
require  it.  He  shall  have  power  to  confess  judgment,  when  autho- 
rized by  the  city  council,  and  not  otherwise. 

Section  205.  Lands,  houses,  moneys,  debts  due  the  city,  and 
property  and  assets  of  every  description  belonging  to  any  city 
governed  by  this  act,  shall  be  exempt  from  taxation,  execution 
and  sale;  judgments  against  said  city  shall  be  paid  out  of  the  judg- 
ment fund,  or  when  a  special  fund  is  created  for  such  purpose, 
out  of  such  special  fund. 

Section  206.  No  city,  governed  by  this  act,  shall  be  liable  for 
damages  arising  from  defective  streets,  alleys,  sidewalks,  public 
parks  or  other  public  places  within  such  city,  unless  actual  notice 
in  writing  describing  fully  the  accident  and  the  nature  and  extent 
of  the  injury  complained  of,  and  describing  the  defects  causing 
the  injury  and  stating  the  time  when  and  with  particularity  the 
place  where  the  accident  occurred,  shall  be  proved  to  have  been 
filed  with  the  city  clerk  within  ten  days  after  the  occurrence  of 
the  accident  or  injury,  and  it  is  hereby  made  the  duty  of  the 
City  Clerk  to  file  said  notice  and  keep  a  record  showing  the  time 
when  and  by  whom  such  notice  was  given  and  he  shall  forthwith 
report  the  filing  of  such  notice  to  the  City  Attorney  and  transmit 
a  copy  thereof  to  him. 

Section  207.  Cities  of  the  metropolitan  class  shall  be  absolutely 
exempt  from  liabihty  for  damages  or  injuries  suffered  or  sustained 
by  reason  of  defective  pubHc  ways  or  the  sidewalks  thereof  within 
such  cities,  unless  actual  notice  in  writing  of  the  defect  of  such 
pubhc  way  or  sidewalk  shall  have  been  filed  with  the  city  clerk 
at  least  five  days  before  the  occurrence  of  such  injury  or  damage. 


CITY    CHARTER.  91 

In  the  absence  of  such  notice,  so  filed,  the  city  shall  not  be  liable 
and  in  all  cases  such  notice  shall  describe  with  particularit}'  the 
place  and  nature  of    the  defects  of  which  complaint  is  made. 

Section  20S.  Any  person  or  persons  claiming  to  have  been 
injured  shall  at  any  time  after  the  giving  of  the  notice  of  such 
injury,  be  subject  to  a  personal  examination  by  the  city  physician 
and  such  other  physicians  as  the  city  attorney  ma}^  appoint,  or 
by  either  thereof,  for  the  purpose  of  determining  the  character 
and  extent  of  the  injuries  complained  of;  and  failure  or  refusal  to 
submit  to  such  examination  shall  prohibit  the  maintaining  of 
any  action  against  the  city  or  recover}^  of  any  damage  therefrom. 

Section  209.  Before  any  claim  against  the  city,  except  officers' 
salaries  earned  within  twelve  months,  or  interest  on  the  public 
debt,  is  allowed,  the  claimant  or  his  agent  or  attorney  shall  verify 
the  same  by  his  affidavit,  stating  that  the  several  items  therein 
mentioned  are  just  and  true  and  the  services  charged  therein,  or 
articles  furnished,  as  the  case  may  be,  were  rendered  or  furnished 
as  therein  charged,  and  that  the  amount  therein  charged,  and 
claimed  is  due  and  unpaid,  allowing  all  just  credits,  and  the  city 
comptroller  and  his  deputy  shall  have  authority  to  administer 
oaths  and  affirmations  in  all  matters  required  by  this  section. 
All  claims  against  the  city  or  water  board  must  be  filed  with  the 
city  comptroller.  And  when  the  claim  of  any  person  against  the 
city  is  disallowed,  in  whole  or  in  part,  by  the  city  council  or  water 
board,  such  person  may  appeal  from  the  decision  of  said  city 
council  or  water  board  to  the  district  court  of  the  same  county, 
as  provided  in  this  act. 

Section  210.  Upon  the  rejection  or  disallowance  of  any  claim, 
it  shall  be  the  duty  of  the  city  comptroller  to  notify  the  claimant 
or  his  agent  or  attorney  of  such  fact,  unless  such  notice  is  waived 
in  writing.  Such  notice  may  be  served  by  anj'  person  authorized 
by  the  comptroller  and  must  be  served  within  five  days  from  the 
rejection  of  such  claim.  The  notice  and  return  thereon  must  be 
filed  with  the  city  clerk. 

Section  211.  No  bill  or  claims  for  labor  salar}'  or  material  or 
for  extra  services  or  overtime  or  account  of  whatsoever  kind 
against  the  city,  after  it  has  been  adversely  reported  on  and  rejected 
by  the  administration  under  which  it  has  been  incurred,  and  no 
bill,  account  or  claim  not  presented  within  eighteen  (18)  months 
after  it  was  incurred  and  payable,  shall  be  allowed  or  authorized 
to  be  paid  by  any  mayor  and  council  except  through  the  judgment 


92  CITY    CHARTER. 

of  a  court  of  competent  jurisdiction.  These  provisions  shall  apply 
equally  to  any  modifications  of  the  same  account  in  whatever 
form  it  may  be  presented. 

Section  212.  In  all  cases  of  damages  arising  under  the  pro- 
visions of  this  act,  the  party  or  parties  whose  property  is  damaged 
or  sought  to  be  taken  by  the  provisions  of  this  act,  shall  have  the 
right  to  appeal  from  such  assessment  or  damages,  but  such  appeal 
shall  not  delay  the  appropriation  of  the  property  sought  to  be 
taken,  or  delay  the  improvement  proposed,  or  retard  the  change 
of  grade  sought  to  be  made,  and  in  no  case  shall  said  city  be  liable 
for  the  costs  on  such  appeal  unless  the  owner  of  such  real  estate 
shall  be  adjudged  entitled,  upon  the  appeal,  to  a  greater  amount 
of  damage  than  was  awarded.  The  remedy  by  appeal  herein 
allowed  shall  be  deemed  and  held  to  be  exclusive. 

Section  213.  Wherever  the  right  of  appeal  is  conferred  by  this 
act,  the  procedure  unless  otherwise  provided  shall  be  substan- 
tially as  follows:  The  claimant  or  appellant  shall,  within  twenty 
days  from  the  date  of  the  order  complained  of,  execute  a  bond  to 
such  city  with  sufficient  surety  to  be  approved  b}^  the  clerk,  con- 
ditioned for  the  faithful  prosecution  of  such  appeal  and  the  pay- 
ment of  all  costs  adjudged  against  the  appellant.  Said  bond  shall 
be  filed  in  the  office  of  the  city  clerk. 

It  shall  be  the  duty  of  the  city  clerk,  on  payment  or  tender 
to  him  of  the  cost  of  the  transcript,  at  the  rate  of  ten  cents  per 
hundred  words,  to  prepare  a  complete  transcript  of  the  proceed- 
ings of  the  city  relating  to  their  decisian  thereon.  It  shall  be  the 
duty  of  the  claimant  or  appellant  to  file  a  petition  in  the  district 
court  as  in  the  commence  £  ent  of  an  action  within  thirty  days 
from  date  of  the  order  or  award  appealed  from,  and  he  shall 
also  file  such  transcript  before  answer  day.  The  proceedings  of 
the  district  court  shall  thereafter  be  the  same  as  on  appeal  from 
the  county  board. 

Any  taxpayer  may  appeal  from  the  allowance  of  any  claim 
against  the  city  by  giving  a  bond  and  complying  with  the  fore- 
going provisions.  Provided  that  the  foregoing  provisions  shall 
not  be  so  construed  as  to  prevent  the  city  council  from  once  re- 
considering their  action  on  any  claim  or  award  upon  ten  days 
notice  to  the  parties  interested. 

Section  214.  All  general    elective    city    officers    including    city 
councilmen,    their    appointees    and    existing    boards,    agents    and 


CITY    CHARTER.  93 

servants  now  lawfully  holding  office  or  entrusted  with  the  care 
of  public  property  or  affairs  under  the  law  and  ordinances  here- 
tofore enforced,  shall,  except  as  in  this  act  otherwise  provided, 
continue  in  office  and  the  exercise  of  such  trust  until  the  first 
general  city  election  herein  provided  for,  and  until  the  officers 
elected  at  such  election  shall  have  duly  qualified,  but  such  officers, 
agents,  servants  and  appointees  may  be  removed  from  office, 
suspended  or  discharged  as  provided  by  law  or  ordinance.  All 
existing  boards  entrusted  with  property  shall,  at  the  expiration 
of  their  term  of  office,  except  as  herein  otherwise  provided,  turn 
over  such  property,  records  and  accounts  to  such  other  officer  or 
board  as  are  herein  empowered  or  entrusted  to  succeed  thereto 
or  have  possession   thereof. 

Section  215.  It  shall  be  the  duty  of  each  of  the  respective 
boards  aboHshed  by  this  act  and  all  officers  whose  terms  expire 
hereafter  to  prepare  written  detailed  abstracts  of  all  books,  docu- 
ments, tools,  implements  and  materials  of  every  kind  belonging 
to  the  city  in  their  trust  and  care,  also  all  work  or  store  houses 
owned  or  leased  by  the  city  for  storage  or  other  purposes,  in 
duplicate,^  and  to  certify  as  members  of  such  boards,  to  the  cor- 
rectness thereof;  such  certified  abstracts  shall  be  delivered  to  the 
mayor,  who  shall  file  one  of  each  of  said  copies  for  record  with 
city  clerk,  and  the  other  copies  shall  be  handed  to  the  heads  of 
the  respective  departments  to  be  used  as  a  basis  of  checking  up 
the  abstract. 

Section  216.  The  provisions  of  this  act  shall  not  be  so  con- 
strued as  to  impair  or  affect  the  validity  of  any  tax  or  special 
assessment  heretofore  made  or  levied  under  the  acts  by  this  act 
repealed,  but  all  such  taxes  and  special  assessments  shall  be  and 
remain  as  valid  and  binding  as  if  this  act  had  not  been  passed, 
and  shall  be  collected  and  enforced  in  the  manner  provided,  or 
which  may  hereafter  be  provided  by  law  for  collecting  and  en- 
forcing the  same.  Nothing  herein  shall  be  so  construed  as  to 
prevent  further  and  additional  provisions  being  made  for  the 
collection  of  any  tax  or  special  assessment  heretofore  levied  or 
made. 

Section  217.  Nothing  in  this  act  contained  shall  be  so  con- 
strued as  to  interfere  with  the  powers,  duties,  authority  and  privi- 
leges that  have  been,  are,  or  may  be  hereafter  conferred  and  im- 
posed upon  the  water  board  in  metropolitan  cities  as  prescribed 
by  law,  but  in  all  matters  relating  to  a  water  supply,  or  to  the 


94  ^  CITY    CHARTER. 

purchase,  acquisition,  construction,  maintenance  and  manage- 
ment of  a  water  works  plant  for  such  city  or  in  any  way  apper- 
taining thereto,  the  said  powers,  duties,  authority  and  privileges 
of  such  water  board  so  far  as  elsewhere  conferred,  imposed  and 
defined  by  law  shall  be  exclusive  and  paramount. 

Section  218.  Xo  right  of  propert}'  accrued  to  any  city,  corpo- 
ration or  person  under  any  law  heretofore  in  force,  shall  be  affected 
b}^  this  act,  and  all  city  ordinances  now  in  force  and  not  repugnant 
to  the  provisions  of  this  act  shall  remain  and  continue  in  force 
until  altered  or  repealed  by  the  mayor  and  council. 

Section  219.  That  sections  7450  to  7649  inclusive  of  Cobbe3''s 
Annotated  Statutes  of  Nebraska  for  1903  as  heretofore  existing 
be  and  the  same  are  hereby  repealed. 

Section  220.  Whereas,  an  emergency  exists,  therefore  this  act 
shall  take  effect  and  be  in  force  from  and  after  its  passage  and 
approval. 


REVISED    ORDINANCES 


OF  THE 


CITY  OF  OMAHA 


1905 


REVISED  ORDINANCES. 


Abstracter,  City. 

See  Citv  Abstracter. 


Unlawful  acts. 


CHAPTER  I. 
ADDITIONS. 


Section  1.  It  is  hereby  declared  unlawful  for  any  person,  as 
owner,  proprietor,  or  as  the  agent  or  representative  of  the  owner 
or  proprietor  of  any  tract  or  parcel  of  land,  within  the  corporate 
limits  of  the  city  of  Omaha,  or  adjoining  and  contiguous  to  the 
same,  to  sub-divide  said  land  as  an  addition,  or  to  lay  out  the 
same  into  lots,  blocks,  streets,  avenues  or  alleys,  or  to  sell  or  offer 
for  sale  land  sub-divided,  or  proposed  to  be  sub-divided  as  an 
addition  or  sub-division,  except  as  is  herein  authorized  and  pro- 
vided. 

Streets — Avenues — Alleys. 

Section  2.  The  streets,  avenues  and  alleys  in  all  tracts  or 
parcels  of  land  within  the  corporate  limits  of  the  city,  or  adjoining 
and  contiguous  to  the  same,  hereafter  sub-divided  or  laid  out  as  an 
addition,  or  which  heretofore  may  have  been  sub-divided  or  laid 
out  as  an  addition,  but  not  submitted  to,  and  approved  by  the 
mayor  and  council,  shall,  unless  for  good  and  sufficient  reasons 
the  mayor  and  council  otherwise  expressly  direct  and  authorize, 
correspond  in  width  and  direction,  and  be  continuations  of  the 
streets,  avenues  and  alleys  in  the  city,  or  in  any  addition  con- 
tiguous to  or  near  the  proposed  addition. 

Surveys — Monuments. 

Section  3.  Kvery  owner  or  ])ro]:)rietor  of  any  tract  or  ])arcel 
of  land  within  the  corporate  limits  of  tlie  city  of  Omaha,  or  ad- 
joining and  contiguous  to  the  same,  before  selling,  offering  for 
sale,  or  in  any  manner  transferring  or  conveying  any  portion  of 
said  land  as  suburl)aii  lots,  or  as  a  part  of  any  existing,  intended 
or    proposed    addition,    or    sul)-division    of    three    or    more    jiarts, 

97 


9^>  R?:VISKD    OltDlXAXCHS. 

whether  described  by  metes  and  bounds  or  as  lots  and  blocks, 
shall  cause  such  tract  or  parcel  of  land  to  be  accurately  surveyed, 
and  shall  cause  an  accurate  map  or  plat  of  such  addition  or  sub- 
division, with  reference  to  known  or  permanent  monuments,  to 
be  made,  which  shall  designate  explicitly  the  land  so  laid  out, 
and  shall  particularly  describe  the  lots,  blocks,  streets,  avenues, 
alleys  and  other  grounds  belonging  to  such  addition  or  sub-division 
and  shall  comply  with  all  the  terms  and  conditions  of  the  several 
provisions  of  this  ordinance,  as  now  existing  or  as  hereafter  amended. 

Plat — Surveyor's  certificate. 

Section  4.     The  map  or  plat  herein  recpiired  shall  designate 

the  tract   or  parcel  of  land  sub-divided  as addition  to  the 

city  of  Omaha,  and  the  several  lots  and  blocks  and  the  streets, 
avenues  and  other  grounds  by  names  or  numbers,  and  shall  give 
the  length  and  width  of  the  lots  or  sub-divisions  of  grounds  and 
the  width  and  course  of  all  streets,  avenues  and  alleys,  and  shall 
indicate  the  sub-division  of  all  real  estate  and  all  streets  and  alleys 
and  avenues  of  such  additions  or  sub-divisions  adjacent  to  such 
addition  for  a  distance  of  not  less  than  200  feet  on  each  side  thereof, 
with  the  detail  figures  showing  definitely  all  distances  of  such 
adjacent  land,  lots,  streets,  alleys  and  avenues  from  the  addition 
so  laid  out.  together  with  their  respective  widths,  and  such  map 
or  plat  shall  have  appended  thereto  the  certificate  of  the  surveyor 
making  the  survey  of  the  tract  or  parcel  of  land  so  platted,  that 
he  accurately  surveyed  said  addition  or  sub-division  and  that  the 
lots,  blocks,  streets,  avenues,  alleys  or  other  grovmds  of  such 
addition  are  shown  correctly  upon  such  plat  or  map  and  are ;  well 
and  accurately  staked  off  and  marked,  and  such  certificate  shall 
make  reference  to  some  fixed,  known  or  permanent  monument 
by  which  the  location  of  such  stakes,  in  the  event  of  the  loss, 
removal  or  destruction  thereof,  can  be  ascertained  and  determined. 

Dedication. 

Section  5.  In  addition  to  the  certificate  of  the  surveyor  as 
herein  recpiired.  such  map  or  plat  shall  have  written  thereon,  or 
attached  thereto,  a  dedication  to  the  city  of  Omaha,  for  the  use 
of  the  public,  of  all  streets,  avenues,  alleys,  public  scpiares,  parks 
and  commons  thereon  mentioned  or  described,  or  of  such  portion 
of  land  as  may  therein  be  set  apart  or  designated  for  public  o.r 
city  use,  which  dedication  shall  be  signed  by  the  owner  of  such 
land,   and  shall  be   duly   witnessed   and   acknowledged,   and  upon 


RKVISKD    OKDIXAXCES.  99 

such  map  or  plat  being  accepted  and  approved  by  the  mayor  and 
council,  it  shall  thereupon  be  equivalent  to  a  deed  in  fee  simple 
to  the  city  from  such  owner,  of  all  such  streets,  avenues,  alleys, 
public  scjuares,  parks  and  commons,  and  to  the  persons  or  corpora- 
tion therein  named,  of  any  other  portion  of  such  land  as  may  be 
specially  dedicated  or  set  apart  to  charitable,  religious  or  educa- 
tional purposes. 

Approval  of  Map  and  Plat. 

Section  6.  Before  such  map  or  plat  shall  have  any  validity 
whatever,  and  before  the  owner  or  proprietor  of  any  such  tract 
or  parcel  of  land,  or  any  person  as  agent,  attorney,  or  representa- 
tive of  any  such  owner  or  proprietor,  shall  have  the  right  to  sell, 
offer  for  sale  or  in  any  manner  convey  any  lot  or  sub-divided 
piece  of  ground  therein,  by  deed,  contract  or  otherwise,  such  plat 
must  be  first  submitted  to  and  approved  by  the  mayor  and  council 
of  the  city  of  Omaha,  and  shall  have  such  acceptance  and  approval 
duly  endorsed  thereon,  and  before  any  map  or  plat  of  any  addition 
or  sub-division  of  ground  shall  be  entitled  to  be  considered  or 
approved  by  the  city  council  the  owner  or  proprietor  thereof  shall 
pay  or  cause  to  be  paid  all  taxes,  special  taxes  and  special  assess- 
ments due  or  delinquent  thereon,  and  shall  produce  the  certificates 
of  the  proper  treasurers  that  all  such  taxes  have  lieen  paid  or 
cancelled. 

Plat  to  be  recorded. 

Section  7.  Tpon  the  acceptance  and  approval  of  any  map 
or  plat  of  any  sub-division  of  land  as  an  addition  to  the  city  of 
Omaha,  it  shall  be  the  duty  of  the  owner  of  such  land  to  at  once 
file  such  plat  or  map  with  the  register  of  deeds  of  Douglas  county, 
Nebraska,  and  cause  said  ma])  or  plat  to  be  tluly  recorded  in  the 
office  of  such  register. 

Additions  to  be  part  of  city. 

Section  S.  All  additions  to  the  city  of  Omaha,  within  the 
corporate  limits  thereof,  or  adjoining  and  contiguous  thereto,  m)w 
or  hereafter  laid  out,  which  have  been,  or  may  hereafter  l)e  ac- 
cepted and  approved  by  the  niayor  and  council,  shall  be  and  l)ecome 
a  part  of  the  city  of  Omaha  for  all  purposes  whatsoever,  and  the 
inhabitants  of  sucli  addition,  shall  be  entitled  to  all  the  rights 
and  privileges,  and  be  suljject  to  all  the  laws,  ordinances,  rules 
and  regulations  of  said  city. 


100  REVISED    ORDINANCES. 

Failure  to  plat. 

Section  9.  In  all  cases  where  the  original  owner  or  proprietor 
of  any  tract  of  land  within  the  corporate  limits  of  the  city  of 
Omaha,  or  adjoining  and  contiguous  to  the  same,  has  sold  or 
conveyed,  or  contracted  to  sell  and  convey  any  part  thereof,  or 
invested  the  public  with  any  rights  therein,  or  who  may  hereafter 
sell  and  convey,  or  contract  to  sell  and  convey  any  part  thereof, 
or  invest  the  public  with  any  rights  therein,  Avho  shall  fail  or 
neglect  to  cause  a  plat  or  map  of  such  land  to  be  made,  and  to 
have  endorsed  thereon  the  acceptance  and  approval  of  the  mayor 
and  council,  as  herein  required,  the  owners  of  such  land  shall, 
upon  being  notified  so  to  do,  either  by  personal  service,  or  b}- 
publication  in  the  official  paper  of  the  city,  at  once  make  and  file 
with  the  city  clerk,  a  map  or  plat  as  herein  required,  and  failing 
or  neglecting  so  to  do  for  thirty  days,  it  shall  be  the  duty  of  the 
city  engineer  to  make  the  necessary  survey  and  prepare  the  re- 
quired map  or  plat,  designating  thereon  streets,  avenues  or  alle3'S, 
which  shall  be  continuations  or  extensions  of  the  streets,  avenues 
and  alleys  previously  existing  in  said  city,  or  in  any  lawful  addition 
contiguous  or  adjoining  such  land,  and  upon  such  plat  or  map 
being  approved  by  the  mayor  and  council,  the  same  shall  be 
filed  with  the  register  of  deeds,  and  shall  have  the  same  force, 
validity  and  effect  as  though  made,  executed  and  filed  by  the 
owners  notified. 

Penalty. 

Section  10.  Any  person,  whether  as  owner,  proprietor  or  as 
the  agent,  attorney  or  representative  of  anj^  owner  or  proprietor 
of  land,  who  shall  plat  or  sub-divide  any  tract  of  land  within  the 
corporate  limits  of  the  city  of  Omaha,  or  adjoining  and  contiguous 
to  the  same,  except  as  herein  authorized,  or  who  shall  sell,  transfer, 
deed  or  convey,  contract  or  agree  to  sell,  transfer,  or  offer  for  sale 
any  lot  or  piece  of  ground  in  any  addition  or  sub-division  of  three 
or  more  parts  within  said  corporate  limits,  or  adjoining  and  con- 
tiguous thereto,  without  having  first  obtained  the  acceptance  and 
approval  of  the  plat  or  map  thereof,  by  the  mayor  and  council 
of  said  city,  and  any  person  who  shall  violate,  or  who  shall  fail, 
neglect  or  refuse  to  comply  with  any  of  the  provisions  of  this 
ordinance  as  now  existing  or  as  hereafter  amended,  shall,  upon 
conviction,  be  fined  in  any  sum  not  less  than  ten  dollars  or  exceed- 
ina;   one   hundred    dollars,    and   in    addition   thereto   mav,   in   the 


REVISED    ORDINANCES.  101 

discretion  of  the  court,  be  imprisoned  not  exceeding  thirty  days; 
and  the  offering  for  sale,  contracting  to  sell  or  selHng  of  each  lot 
or  piece  of  ground,  shall  be  taken  and  deemed  a  separate  and 
distinct  offense. 

Advertisements  on  Curb  Stone. 

See  Misdemeanors,  See.  40. 

Advertisements,  Tearing  Down. 

See  Misdemeanors.  Sec.  42. 


102  Ri;\  I^Kl)    ORDIXAXCKS. 

Animals,  Dangerous  at  Large.        ,  Animals,  Inhuman  Treatment  of. 

See  Misdemeanors,  Section  23.  See  Misdemeanors,  Section  11. 

Animals,  Indecently  Exhibited.  Animals,  Not  to  Run  at  Large. 

See  Misdemeanors,  Section  21.  See  Misdemeanors,  Section  37. 


CHAPTER  II. 

ANIMALS  RUXNIXG  AT  LARGE. 
Pound  Masters — Pound. 

Section  L  There  shall  be  appointed  by  the  mayor,  by  and 
with  the  consent  of  the  council,  one  or  more  pound  masters,  as 
may  be  deemed  advisable,  who  shall  establish  at  their  own  expense 
a  pound,  and  shall  file  with  the  city  clerk  a  written  description, 
which  he  shall  sign,  of  such  pound  established  by  them,  stating 
its  location;  upon  the  filing  of  which  description,  the  city  clerk 
shall  at  once  cause  a  copy  thereof  to  be  published  for  five  con- 
secutive days  in  the  newspaper  in  the  city  of  Omaha,  in  which 
the  ordinances  are  published. 

Territory  defined. 

Section  2.  The  herding  or  running  at  large  of  horses,  mules, 
sheep,  goats,  swine  or  cattle  upon  the  streets,  avenues,  parks  or 
public  grounds  within  the  city,  or  the  picketing,  lariating  or  tying 
or  securing  by  rope  or  other  means  of  any  such  animal  or  animals 
so  that  such  animal  can  feed,  walk  or  trespass  upon  any  public 
street,  avenue,  alley,  park  or  public  or  private  grounds  within  the 
city,  or  the  running  at  large  or  the  herding  of  such  animals  on  any 
open  grounds  within  the  city  is  hereby  prohibited  and  declared 
to  be  a  nuisance,  provided,  however,  that  the  city  council,  with 
the  concurrence  of  the  mayor,  may,  by  resolution,  exempt  from 
the  provisions  of  this  ordinance  such  territory  or  grounds  within 
the  city  limits  as  the  herding  or  lariating  upon  of  such  animals 
may  not  be  considered  to  be  a  nuisance,  giving  public  notice  thereof 
in  the  official  paper  of  the  city  for  three  days. 

Herding  at  night  prohibited. 

Section  3.  The  herding  of  any  such  animals  on  open  grounds 
between  twilight  and  sunrise  is  herebj'-  prohibited,  and  any  person 
so  offending  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  five  or  more  than 
twenty-five  dollars,  and  shall  be  responsible  for  any  damages  done 


RKVISED    OlJDINAXf'ES.  lOo 

by  said  animals,  and  said  animals  may  be  impounded  until  such 
damages  are  paid. 

Duty  of  Pound  Master. 

Section  4.  It  shall  be  the  duty  of  the  pound  master  to  take 
up  and  impomid  any  such  animal  known  to  them  to  be  running 
at  large  within  the  city  contrary  to  the  provisions  of  the  first 
nineteen  sections  of  this  chapter,  and  for  each  refusal  or  neglect 
so  to  do,  he  shall  forfeit  and  pay  a  penalty  of  ten  dollars,  and  it 
is  hereby  made  the  duty  of  all  police  officers  to  take  up  and  im- 
pound all  animals  running  at  large  contrary  to  the  provisions  of 
this  cha])ter. 

Other  persons  may  impound. 

Section  5.  It  shall  be  lawful  for  any  other  person  to  take 
up  any  animal  running  at  large  contrary  to  the  provisions  of  the 
first  nineteen  sections  of  this  chapter,  and  to  take  the  same  to  the 
pound  master,  but  no  compensation  or  reward  shall  be  paid  directly 
or  indirectly  for  such  taking  or  delivery. 

Running  or  abusing  animals. 

Section  6.  The  running  of  animals,  or  abusing  thereof,  by 
the  pound  master  or  any  person  driving  the  same,  shall  be  con- 
sidered a  misdemeanor,  and  the  person  so  offending  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  five  (5)  or  more 
than  twenty-five  ($25)  dollars. 

Penalty  for  unlawful  driving. 

Section  7.  Any  person  who  shall  take  or  drive  any  such 
animal  from  any  enclosure,  lot  or  tract  of  ground,  or  from  any 
stable  or  other  building,  or  from  outside  any  pound  hmits  into  the 
limits  of  any  pound  district  to  any  pound  in  the  city,  or  with  the 
intent  that  such  animal  may  be  impounded,  shall  be  liable  to  a 
fine  of  not  less  than  five  (5)  or  more  than  twenty-five  (S25)  dollars 
for  every  animal  so  taken  or  driven  from  the  places  aforesaid. 

Duties  of  Pound  Master — Sale. 

Section  8.  It  shall  be  tlie  duly  of  the  ])omi(l  masters  to 
receive  into  such  pounds,  all  aninuils  i)rought  there  in  pursuance 
of  the  provisions  of  the  first  nineteen  sections  of  this  chapter; 
to  take  care  of  and  properly  to  feed  all  aninuds  impounded;    to 


104  REVISED    ORDINANCES. 

deliver  to  the  owner  thereof  all  such  animals  as  may  be  redeemed 
by  such  owners;  and  all  animals  not  redeemed  within 
twenty-four  hours  .  after  the  same  are  impounded,  Sundays 
excepted,  forthwith  after  expiration  of  said  twenty-four  hours, 
to  post  three  notices,  one  on  the  south  door  of  the  county  court 
house,  and  the  other  two  in  public  places  in  the  city,  in  substance 
as  follows: 

POUND  NOTICE. 

Taken  up  and  impounded  in  the  city  of  Omaha 

(^j^y   Qf ^    19 — ^    (here   insert   the   description   of   the 

animal  or  animals),  which  will,  if  not  redeemed  before  sale,  be 
sold  at  pubhc  auction  to  the  highest  bidder  for  cash,  at  said  pound, 

at  the  hour  of  ten  o'clock  in  the  forenoon  on  the 

day  of 19—. 

Pound  Master. 

The  day  of  sale  fixed  in  such  notice  shall  be  the  tenth  day 
after  the  animal  or  animals  therein  mentioned  were  impounded, 
except  when  the  sale  would  fall  on  Sunday,  a  holiday  or  an  election 
day,  and  if  the  said  animal  or  animals  are  not  redeemed, authority 
is  hereby  given  to  said  pound  master  to  sell  the  same  in  accordance 
with  such  notice. 

Fees  of  Pound  Master. 

Section  9.  The  pound  master  shall  be  entitled  to  the  sum 
of  seventy-five  cents  as  his  fees  for  each  animal  impounded,  and 
fifty  cents  for  feeding  such  animal  for  each  or  part  of  a  day  the 
same  may  be  kept. 

Proceeds  from  sale. 

Section  10.  The  proceeds  of  the  sale  of  all  animals  sold 
under  the  provisions  of  the  first  nineteen  sections  of  this  chapter 
shall  be  apphed  first  to  paying  the  pound  master  such  sums  as  he 
may  be  entitled  to  receive,  and  any  surplus  of  such  proceeds  shall 
be  by  the  pound  master  accounted  for  as  herein  provided. 

Owner  may  redeem. 

Section  11.  The  owner  of  animals  impounded,  may  redeem 
the  same  at  any  time  before  sale  by  paying  the  pound  master  the 
fees  and  costs  to  which  he  is  entitled  on  account  of  such  animals 
under  provisions  of  the  first  nineteen  sections  of  this  chapter. 


REVISED    ORDINAXCES.  105 

Breaking  open  pound — Penalty. 

Section  12.  Any  person  breaking  open,  or  in  any  manner 
directly  or  indirectly  aiding,  connseling,  or  ad\dsing  the  breaking 
open  of  the  city  pounds  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  in  a  sum  of  not  less  than  fifty 
dollars. 

Obstructing  Pound  Master. 

Section  13.  Any  person  who  shall  hinder,  delay  or  obstruct 
the  pound  masters  or  police  officers  when  engaged  in  taking  to 
the  city  pounds  any  animal  or  animals  liable  to  be  impounded, 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  fifty  dollars 
for  each  animal  so  being  taken. 

Pound  Master  not  to  purchase. 

Section  14.  The  pound  masters  shall  not  purchase,  nor  be 
interested,  directly  or  indirectly,  in  the  purchase  of  any  animals 
sold  by  them  under  the  provisions  of  the  first  nineteen  sections 
of  this  chapter,  under  a  penalty  of  twenty-five  dollars  for  each 
such  animal,  and  the  forfeiture  of  their  offices. 

Report  of  Pound  Master. 

Section  15.  At  the  first  meeting  in  each  month  of  the  council, 
the  pound  masters  shall  render  to  the  council  a  full  statement,  on 
oath,  of  the  animals  received  by  them  into  the  pounds,  of  those 
sold  b}'  them  and  the  amount  of  the  proceeds  of  the  sales  thereof, 
respectively,  and  of  the  monies  received  by  them  as  such  pound 
masters  during  the  month,  and  shall  pay  to  the  city  treasurer  all 
surplus  of  the  proceeds  of  sales  under  the  first  nineteen  sections 
of  this  chapter,  and  present  to  the  council,  Avith  the  statement, 
the  treasurer's  receipt  therefor.  They  shall  also  keep  a  record 
book  in  which  shall  be  entered  from  time  to  time  all  the  matter 
to  be  required  to  be  shown  by  their  statements  to  the  council, 
and  in  which  they  shall  take  the  receipts  of  the  owners  for  animals 
redeemed. 

Owner  to  receive  warrant. 

Section  16.  The  owner  of  any  animal  sold  under  this  ordi- 
nance may  receive  a  warrant  for  the  amount  of  any  money  paid 
to  the  treasurer  as  proceeds  of  the  sale  of  such  animal,  on  satis- 
factory evidence  of  his  right  thereto  being  presented  to  the  council. 


106  RKVrsKI)    OllDlXAXCKS. 

Bond  of  Pound  Master. 

Section  17.  The  pound  masters  shall  enter  into  a  bond  with 
one  or  more  sufficient  sureties,  to  be  approved  by  the  mayor,  in 
tlie  sum  of  one  thousand  dollars,  conditioned  for  the  faithful 
performance  of  their  office. 

Employes, 

Section  18.  The  pound  masters  will  not  employ  any  person 
to  assist  him  in  taking  up  and  impounding  animals,  except  such 
help  as  he  shall  keep  actually  employed  about  said  pounds,  and 
shall  not  receive  any  animals  into  the  pounds  from  any  person 
unless  such  person  shall  leave  him  his  full  name  and  place  of 
residence,  which  shall  be  registered  in  a  proper  book  by  said 
pound  masters. 

Districts. 

Section  19.  The  mayor  may  divide  the  city  into  districts, 
according  to  the  number  of  pound  masters  appointed,  districts 
to  be  designated  by  number. 

Dogs  unlawfully  at  large. 

Section  20.  It  is  hereby  declared  \m lawful  for  any  person 
owning,  keeping  or  harboring  any  dog,  to  permit  or  allow  the 
same  to  run  at  large  within  the  corporate  limits  of  the  city  of 
Omaha,  unless  such  dog  is  duly  licensed  as  herein  required;  and 
it  is  hereby  further  declared  unlawful  for  any  person  owning, 
keeping  or  harboring  any  female  dog,  whether  licensed  or  un- 
licensed, to  allow  such  dog  to  run  at  large  while  in  heat;  and  it 
is  further  hereby  declared  unlawful  for  any  person  owning,  keeping 
or  harboring  any  vicious  dog,  whether  licensed  or  unlicensed,  to 
allow  such  dog  to  run  at  large  at  any  time ;  and  it  is  further  hereby 
declared  unlawful  for  any  person  owning,  keeping  or  harboring 
any  dog  which  habitually  snaps  at,  barks  at  or  chases  pedestrians, 
bicyclists  or  horses  while  ridden,  or  horses  and  vehicles  while 
being  driven,  to  the  annoyance  or  danger  of  such  pedestrians, 
bicyclists,  or  occupants  of  such  vehicles,  along  or  upon  any  public 
street,  avenue  or  boulevard  of  the  city  of  Omaha,  to  permit  or 
allow  such  dog  to  run  at  large  at  any  time,  whether  such  dog  be 
licensed  or  unlicensed. 


RKVISKl)    ORDIXAN'CES.  101 


License. 


Section  21.  A  license  tax  on  all  dogs  is  hereby  required  to 
be  paid  to  the  city  clerk  by  the  person,  persons  or  corporation 
owning,  keeping  or  harboring  the  same,  on  or  before  April  1  of 
each  year,  which  license  shall  be  for  the  then  current  fiscal  year, 
and  shall  be  for  each  dog  the  sum  of  one  dollar  ($1.00). 

Upon  payment  to  the  city  clerk  for  svich  license,  it 
shall  be  the  duty  of  the  city  clerk  to  issue  to  the  applicant  a 
license  allowing  the  dog  for  which  such  license  tax  has  been 
paid  to  run  at  large  during  such  fiscal  year,  subject  to  the 
provisions  and  exceptions  of  this  ordinance,  and  such  license 
shall  state  the  name  of  the  owner  and  also  the  name,  breed 
and  color  of  the  dog;  and  whether  such  dog  is  male  or  female, 
and  also  such  further  description  as  may  be  necessary  for 
the  identification  of  the  dog  so  licensed.  It  shall  also  be  the 
duty  of  the  city  clerk  each  year  to  procure  a  sufficient  number 
of  metallic  dog  tags  of  suitable  design,  but  differing  each  year, 
bearing  the  stamp  of  the  year  in  which  issued,  and  upon  issuing 
the  license  herein  required,  deliver  to  the  applicant  therefor 
the  proper  dog  tag,  which  tag  the  applicant  shall  cause  to  be 
securely  attached  to  the  neck  of  the  dog  licensed,  by  a  suitable 
and  substantial  collar  or  chain,  which  license,  w^hile  such  tag  is 
attached,  shall  permit  the  dog  licensed  to  run  at  large;  provided 
the  right  and  privilege  of  such  dog  to  run  at  large  shall  not  exist 
or  apply  to  any  female  dog  while  in  heat,  or  to  any  vicious  or 
dangerous  dog,  or  to  any  other  dog  which  it  is  declared  unlawful 
to  allow  or  permit  to  run  at  large  at  any  time;  provided,  also 
the  mayor  may  by  proclamation,  when  the  public  safety  requires, 
direct  the  muzzling  of  all  dogs  for  a  limited  period,  and  during 
such  period  no  unnuizzled  dog,  whether  licensed  or  unlicensed, 
shall  be  permitted  or  allowed  to  run  at  large.  It  shall  be  the 
duty  of  the  city  treasurer  to  keep  all  moneys  paid  for  dog  licenses 
as  a  separate  fund,  to  be  known  as  the  "Dog  Fund." 

Dog  pound  keeper. 

Section  22.  The  mayor,  subject  to  confirmation  by  the  city 
council,  shall  api)oint  as  dog  pound  keeper  one  suitable  person, 
who  shall  give  a  bond,  to  l)e  approved  by  the  city  council,  in  the 
sum  of  five  ImiidnMl  dollars  ($500),  conditioned  as  required  by 
the  Act  Ijicorporating  Metropolitan  Cities.  Said  keeper  shall  pro- 
vide, at   his   own   expense,  a   safe,  suitable  and    retired  place  for 


108  REVISED    ORDIXAXCES. 

the  impoudinng  of  dogs  as  herein  contemplated,  and  shall  com- 
mence impounding  dogs  at  such  time  in  the  spring  of  the  year 
as  shall  be  designated  by  concurrent  resolution,  and  shall  cease 
impounding  in  the  fall  of  each  year  at  such  time  as  may  be 
designated  by  concurrent  resolution,  and  only  during  the  time 
authorized  by  concurrent  resolution  each  year  shall  the  dog 
pound  keeper  be  entitled  to  any  compensation  for  dogs  impounded 
or  drowned. 

Duties. 

Section  23.  It  shall  be  the  duty  of  the  dog  pound  keeper 
during  the  period  of  time  authorized  so  to  do  by  concurrent  reso- 
lution, to  capture  and  secure  all  dogs  found  running  at  large 
which  have  not  been  licensed  and  are  not  wearing  a  tag  as  herein 
required,  and  thereupon  remove  such  dog  or  dogs  to  the  dog  pound, 
where  such  dogs  for  a  period  of  four  (4)  days  shall  be  supplied 
freely  with  water  and  sufficiently  fed  at  least  once  each  twenty- 
four  hours.  It  shall  be  the  duty  of  the  dog  pound  keeper  on  the 
day  following  the  capture  and  confinement  of  any  dogs  to  insert 
a  brief  description  of  the  same  in  the  official  papers  of  the  city 
one  time,  and  if  within  three  (3)  days  thereafter  any  dog  shall 
remain  unclaimed  and  unredeemed,  said  dog  pound  keeper  shall 
thereupon  destroy  the  same  by  drowning  in  such  manner  as  the 
commissioner  of  health  way  authorize  or  approve;  provided,  how- 
ever, that  dogs  temporarily  in  or  passing  through  the  city  in  charge 
of  a  keeper  or  master,  while  the  same  are  in  the  custody  or  under 
the  control  of  such  keeper  or  master,  shall  be  exempt  from  the 
provisions  of  this  ordinance  as  to  licensing,  tagging  or  capture. 

Fees. 

Section  24.  The  dog  pound  keeper  shall  be  entitled  to  collect 
and  receive  the  following  fees : 

For  each  and  every  dog  captured  and  drowned,  the  sum  of 
one  ($1)  dollar,  to  be  paid  by  the  city. 

For  each  and  every  dog  reclaimed  by  the  owner  or  keeper 
thereof,  the  sum  of  one  ($1)  dollar,  to  be  paid  by  the  owner  or 
claimant  thereof. 

Provided  that  no  dog  captured  or  taken  to  the  dog  pound 
shall  be  delivered  over  to  the  owner  or  claimant  thereof  until, 
in  addition  to  the  payment  of  said  sum  of  one  ($1)  dollar,  such 
owner  or  claimant  shall  produce  for  the  inspection  of  the  pound 


rp:vised  ordinances.  109 

keeper  or  assistant  a  license  of  the  city  clerk  as  herein  required 
authorizing  such  dog  to  run  at  large.  Provided,  further,  that 
any  owner  or  claimant  of  any  dog  who,  prior  to  the  taking  up  and 
impounding  of  such  dog,  has  paid  the  license  tax  herein  rec^uired 
and  caused  said  dog  to  be  tagged  as  herein  required,  shall  not  be 
required  to  pay  any  sum  wliatever  to  the  pound  keeper  for  the 
delivery  of  such  dog,  but  upon  presenting  to  the  pound  keeper  or 
his  assistant  such  license,  issued  by  the  city  clerk,  such  owner  or 
claimant  shall  be  entitled  to  have  the  dog  therein  described  turned 
over  and  delivered  by  the  pound  keeper  or  his  assistant  in  charge. 

Pound  Master's  report. 

Section  25.  It  shall  be  the  dvity  of  the  ])ovnid  keeper  at  the 
first  council  meeting  in  each  month  to  report  in  writing  under 
oath  the  number  of  dgos  by  him  impounded  during  the  previous 
month,  the  number  reclaimed,  and  the  amount  of  fees  paid  there- 
for; also  the  number  of  dogs  by  him  destroyed.  Upon  approval 
of  said  report  by  the  city  council  the  comptroller  shall  insert  in 
the  next  general  appropriation  ordinance  the  amount  of  fees  to 
which  the  said  pound  keeper  shall  be  entitled  for  dogs  destroyed, 
which  amount  shall  be  paid  from  the  "Dog  P'und"  hereinbefore 
created  so  long  as  monies  remain  in  said  fund,  and  thereafter 
from  the  general  fund. 

License. 

Section  26.  Any  person  who  shall  own,  keep  or  harbor  any 
dog  within  the  corporate  limits  of  the  city  of  Omaha,  and  allow 
such  dog  to  run  at  large  without  obtaining  each  year  a  license 
for  such  dog  as  herein  declared,  or  who  shall  own,  keep  or  harbor 
any  vicious  or  dangerous  dog  and  permit  or  allow  the  same  to  run 
at  large,  or  who  shall  own,  kee})  or  harbor  any  female  dog  and 
permit  or  allow  the  same  to  run  at  large  while  in  heat,  or  who 
shall  own,  keej)  or  harbor  any  dog  which  habitually  snaps  at, 
barks  at  or  chases  pedestrians,  bicyclists  or  horses  while  being 
driven  along  or  upon  any  public  street,  avenvie  or  boulevard  in 
the  city  of  Omaha,  and  knowingly  permit  or  allow  such  dog  to 
run  at  large  at  any  time,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  one  ($1) 
dollar  or  more  than  fifty  ($50)  dollars,  and  in  addition  to  the 
imposition  of  a  fine  the  police  judge  may  order  and  require  the 
dog  so   unlawfully  running  at  large  to  be  destroyed  by  the  dog 


110  R?:VISED    ORDIXAXCKS. 

pound  keeper,  who  for  such  service  shall  be  entitled  for  each  dog 
so  destroyed  the  sum  of  two  ($2)  dollars,  to  be  paid  by  the  city. 

Removal  of  tag. 

Section  27.  Any  person  who  shall  wrongfully  or  without 
authority  and  permission  of  the  owner  of  any  licensed  dog  take  or 
remove  from  such  dog  any  tag  issued  by  the  city  clerk,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  less  than  two  ($2)  dollars,  nor  more  than  twenty 
(S20)  dollars  for  each  offense. 

Nuisance. 

Section  28.  Any  vicious  or  dangerous  dog,  or  other  dog 
declared  unlawful  to  run  at  large,  shall  be  deemed  and  declared 
a  nuisance,  and  shall  be  liable  to  summary  destruction. 

Supervision  of  pound. 

Section  29.  The  commissioner  of  health  shall  have  general 
supervision  of  the  dog  pound,  and  see  that  the  same  is  conducted 
in  a  ciuite,  reliable,  humane  and  proper  manner,  and  shall  see  that 
all  dogs  drowned  by  the  pound  keeper  are  correctly  counted  and 
properly  disposed  of  in  such  a  manner  as  not  to  create  a  nuisance, 
and  to  prevent  any  fraud  or  imposition  being  perpetrated  on 
the  city. 

Rescuing  dogs. 

Section  30.  Any  person  who  shall  hinder,  delay,  interfere 
with  or  obstruct  the  dog  pound  keeper  or  any  of  his  assistants 
while  engaged  in  capturing  or  securing  or  taking  to  the  dog  pound 
any  dog  or  dogs  liable  to  be  impounded,  or  who  shall  break  open 
or  in  any  manner,  directly  or  indirectly,  aid,  counsel  or  advise 
the  breaking  open  of  any  dog  pound,  or  any  wagon  or  other  vehicle 
used  for  the  collecting  or  conveying  of  dogs  to  the  dog  pound, 
shallbe  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  two  ($2)  dollars  or  exceeding 
fifty  ($50)  dollars,  or  be  imprisoned  not  exceeding  ten  days,  or 
be  both  fined  and  imprisoned,  in  the  discretion  of  the  court. 

Park,Hanscom,  Dogs  at  large. 

Section  31.  Dogs  and  all  other  animals  are  hereby  prohibited 
from  running  at  large  in  Hanscom  Park.     Any  dog  found  in  said 


RKVI.SED    ORDINANCES.  Ill 

park  not  being  under  the  immediate  control  of  its  owner,  and  not 
being  restrained  by  a  rope,  chain  or  other  thing  from  running 
around  therein  is  hereby  declared  a  nuisance,  and  such  nuisance 
may  be  abated  by  killing  the  dog,  or  by  the  removal  of  the  dog 
from  the  park  without  killing,  and  it  shall  be  the  duty  of  the  park- 
keeper  and  others  employed  in  said  park,  also  of  policeman,  to 
abate  such  nuisance. 

Penalty. 

Section  32.  The  owner  of  any  dog  or  other  domestic  animal, 
as  well  as  the  kf^eper,  herder,  or  other  person  in  charge  of  any  such 
animal,  who  shall  suffer  or  permit  any  dog  or  other  animal  to 
trespass  upon  the  grounds  in  said  park  or  to  run  at  large  therein, 
or  to  otherwise  violate  the  provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall 
be  fined  not  less  than  one  ($1)  dollar  nor  more  than  ten  ($10) 
dollars,  for  the  first  offense,  and  for  any  subsequent  offense  not 
less  than  five  ($5)  dollars  nor  more  than  twenty  ($20)  dollars. 
It  is  hereby  made  the  duty  of  the  park  keeper  and  of  any  other 
person  employed  in  said  park  to  take  up  and  impound  in  some 
suitable  place  any  animal  other  than  a  dog  found  in  said  park  in 
violation  of  the  provisions  of  this  chapter,  and  to  hold  the  same 
until  claimed  by  the  owner  or  other  person  entitled  to  the  posses- 
sion of  such  animal.  Such  person  so  impounding  any  animal 
shall  be  entitled  to  charge  one  ($1)  dollar  for  each  animal  so  im- 
pounded, and  for  the  cost  of  keeping  such  animal  fifty  (50)  cents 
per  day,  and  it  shall  be  unlawful  for  any  other  person  to  liberate 
any  animal  so  impounded,  or  to  interfere  with  the  possession  of 
such  animal  until  said  charges  and  cost  of  keeping  have  been 
paid.  So  to  do  shall  be  deemed  a  misdemeanor,  and  any  person 
convicted  thereof  shall  be  fined  in  a  sum  not  exceeding  twenty- 
five  ($25)  dollars.  If  said  live  stock  shall  not  be  claimed  and  the 
charges  and  costs  of  keeping  paid  in  five  days  after  said  live  stock 
shall  have  been  impounded,  said  live  stock  shall  be  turned  over 
to  the  pound  master  of  said  city,  who  shall  proceed  to  advertise 
and  sell  the  same  as  in  case  of  animals  impounded  by  him,  and  out 
of  the  proceeds  of  such  sale  he  shall  pay  said  charges  and  costs, 
and  shall  be  ciitillcd  lo  rcctMve  one  ($1)  dollar  and  ('X()enses  as 
now  i)rovided  by  ordinance,  and  the  sui-])lus  lie  siiall  delivei-  to 
ihc  city  treasurer,  together  witli  a  statement  of  tees,  charges,  costs 
and  expenses,  to  be  dis))osed  of  as  in  othci'  like  cases. 


112  KF  VISED    ORDINANCE^ 


CHAPTER  III. 

ARTIFICIAL  STONE,  CONSTRUCTION  OF. 
License  for. 

Section  1.  It  shall  be  and  is  hereby  made  unlawful  for  any 
person,  firm  or  corporation,  to  construct  artificial  stone,  asphalt 
or  other  composite  walks  in  the  city  of  Omaha  without  a  license 
therefor. 

Issuance  of. 

Section  2.  Any  person,  firm  or  corporation,  desiring  to  en- 
gage in  the  construction  of  artificial  stone,  asphalt  or  other  com- 
posite sidewalks  in  the  city,  shall  be  required  to  apply  for  a  license 
to  the  city  clerk,  such  license  to  expire  on  December  31st,  of  each 
year.  The  condition  of  the  issuance  of  such  license  to  be  the 
payment  of  ten  ($10)  dollars  to  the  city  clerk  and  the  filing  wdth 
the  city  clerk  of  a  surety  bond  to  the  city  of  Omaha,  in  the  sum 
of  $2,000.00,  to  be  approved  by  the  mayor  and  city  council," 
guaranteeing  the  construction  of  all  such  walks  in  conformity 
with  approved  specifications  of  the  city,  and  their  maintenance  for 
five  years  in  continuous  good  condition;  said  bond  ^hall  also 
indemnify  the  city  against  all  damages  arising  by  virtue  of  neglect 
to  comply  with  provisions  of  ordinances  and  to  take  and  pro- 
vide for  necessary  precautions  against  damage  by  virtue  of  such 
construction.  All  such  walks  to  be  constructed  under  permits 
and  in  full  accordance  with  provisions  of  ordinances. 

Penalty. 

Section  3.  Any  person,  firm  or  corporation,  who  shall  violate 
any  of  the  provisions  hereof  shall  be  guilty  of  a  misdemeanor  and 
on  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding 
fifty  ($5   )  dollars. 


REVISED  ordixancp:s.  113 


CHAPTER  IV. 

Duties.  ATTORNEY. 

Section  1.  It  shall  be  the  duty  of  the  city  attorney  to  attend 
to,  and  prosecute  or  defend  as  the  case  may  be,  all  suits,  matters 
or  controversies  to  which  the  city  of  Omaha  is  a  party,  or  in  which 
said  city  may  be  in  any  way  interested,  which  are  now  pending, 
or  shall  hereafter  be  commenced  in  any  court  or  tribunal  of  the 
city  of  Omaha  and  Douglas  county;  to  manage  any  and  all  im- 
peachment trials  had  before  the  city  council;  to  give  his  legal 
opinion  in  writing  to  the  mayor  of  said  city,  or  to  the  city  council, 
or  to  any  committee  thereof,  on  any  subject  relating  to  the  affairs 
of  said  city,  whenever  called  upon  so  to  do;  to  advise  all  officers 
of  the  city  as  to  their  rights  and  duties;  to  prepare  ordinances 
and  perform  such  other  duties  consistent  with  his  office  and  relating 
to  the  interests  and  government  of  said  city  as  the  city  council 
may  by  resolution  require. 

Defend  policemen. 

Section  2.  It  shall  be  the  duty  of  the  city  attorney  to  defend 
all  suits  brought  against  all  policemen  who  have  been  sued  for 
damages  or  otherwise  for  an  act  done  while  in  the  performance 
of  their  duties  as  such  officer. 

Docket. 

Section  3.  He  shall  preserve  in  his  office  a  docket  of  all 
civil  cases,  in  which  the  city  is  interested  in  any  of  said  courts, 
and  shall  enter  therein  from  time  to  time  abstracts  of  all  proceed- 
ings in  said  cases,  which  docket  shall  belong  to  said  city  and  be 
subject  to  inspection  by  the  mayor  or  any  member  of  the  city 
council  at  all  times. 

Bond — Salary. 

Section  4.  The  city  attorney  shall  give  bond  in  the  sum  of 
five  thousand  ($5,000)  dollars  for  the  faithful  performance  of  the 
duties  of  his  office.  He  shall  receive  a  salary  of  three  thousand 
and  five  hundred  ($3,500)  dollars  a  year,  payable  in  monthly 
installments. 


114  RKVISKD    ORDIXAXCKS. 

Assistant  City  Attorney — Bond. 

Section  5.  The  assistant  city  attorney  is  hereby  required, 
before  entering  upon  the  discharge  of  his  duties,  to  enter  into  a 
l)ond  to  the  city  of  Omaha,  executed  by  one  or  more  surety  or 
guarantee  companies  of  recognized  or  established  responsibihty, 
the  cost  thereof  to  be  paid  from  the  general  fund  of  the  city,  said 
bond  to  be  in  the  sum  of  three  thousand  (S3, 000)  dollars,  and 
conditioned  as  re(|uired  l^y  the  Act  incorporating  Metropolitan 
Cities. 

Duties. 

Section  6.  It  is  hereby  made  the  duty  of  the  assistant  city 
attorney,  in  addition  to  the  duties  now  required  to  be  by  him 
performed  under  the  laws  and  existing  ordinances  to  attend  all 
meetings  of  the  board  of  education  of  the  school  district  of  Omaha 
and  to  advise  said  board  whenever  required  so  to  do  by  said  board 
with  reference  to  any  matter  relating  to  said  board,  and  attend 
to  all  suits  and  actions  at  law*  or  in  equity  now  pending  or  here- 
after commenced  in  any  manner  affecting  said  board  or  the  property 
or  interests  of  said  school  district  and  exclusively  attend  to  all 
such  matters,  suits  or  actions  when  the  interests  or  contention  of 
said  board  may  be  adverse  to  or  in  conflict  with  the  interests  or 
contentions  of  the  citv  of  Omaha. 


hevisi;d  ordinancp:s.  115 


CHAPTER  V. 

Auctioneers,  Doing  Business  Without  License. 

See  Misdemeanors,  Sections  86,  87. 

License.  AUCTIONS  AND  AUCTIONEERS. 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell  at 
auction  any  goods,  wares  or  merchandise,  or  other  personal  or 
real  estate,  or  interest  therein,  at  any  store,  stand,  or  other  place 
in  the  city  of  Omaha,  by  public  outcry,  or  to  in  any  way  advertise 
or  hold  himself  out  as  an  auctioneer,  or  to  advertise  any  building 
or  any  room  or  rooms  as  an  auction  building,  room  or  rooms, 
for  public  patronage,  or  to  receive  any  fees  as  a  commission  for 
his  services,  without  first  procuring  license  from  the  city  of  Omaha, 
authorizing  him  so  to  do^.  Provided,  however,  that  the  provisions 
of  this  ordinance  shall  not  apply  to  any  one  who  shall  be  acting 
under  an  order  of  court,  or  in  a  judicial  capacity,  or  under  the 
provisions  of  any  statute  or  law  of  this  state. 

Receipt,  bond. 

Section  2.  Any  person  may  become  an  auctioneer  and  be 
licensed  to  sell  real  and  personal  property  at  public  auction,  by 
making  written  application  to  the  city  clerk,  setting  forth  therein 
his  proposed  place  of  business;  and  the  city  clerk,  upon  receiving 
the  city  treasurer's  receipt  for  the  amount  imposed,  as  license 
fee  for  the  term  said  license  is  to  be  issued,  and  upon  the  filing 
of  a  bond  to  the  city  of  Omaha  in  the  sum  one  thousand($l,000) 
dollars,  with  one  surety,  to  be  approved  by  the  city  clerk ;  said 
bond  being  given  for  the  due  observance  of  the  ordinances  of  the 
city  governing  auctions  and  auctioneers,  and  that  he  will  promptly 
])ay  over  to  the  proper  parties  entitled  thereto  all  moneys  and 
l)roceeds  derived  from  sales  made  at  auction  by  such  auctioneer, 
less  his  reasonable  expenses  and  commissions,  shall  issue  a  license 
ill  the  usual  form,  giving  the  name  of  the  iierson  so  licensed,  the 
jjlace  of  business  so  licensed,  together  with  the  period  for  which 
such  license  is  issued,  and  in  no  case  shall  said  place  of  business  be 
changed  withoul  the  written  consent  of  tlie  mayoi"  endorsed  upon 
such  license. 


116  REVISED    ORDIXAN'CE;?.    " 

License  fee. 

Section  3.  Every  person,  before  engaging  in  the  business 
of  auctioneer,  shall  pa}^  to  the  city  clerk  a  license  fee  of  one 
hundred  ($100)  dollars  per  year  or  fifty  ($50)  dollars  per  six  months. 
All  hcenses  under  this  ordinance  shall  expire  on  June  30  or  Decem- 
ber 31  of  the  year  in  which  they  are  issued.  All  licenses  shall  be 
subject  to  revocation  by  the  mayor  whenever  the  party  licensed 
shall  have  been  convicted  of  violating  any  of  the  provisions  of 
any  of  the  ordinances  of  the  city  of  Omaha  relating  to  auctions, 
auction  sales,  or  auctioneers,  or  any  of  the  conditions  of  the  bond 
aforesaid.  Provided,  however,  that  any  licensed  auctioneer  who, 
on  account  of  sickness  or  other  disability,  is  unable  to  make  any 
auction  sale,  may,  with  the  written  consent  of  the  mayor,  appoint 
an  assistant  who  shall  have  the  same  privileges  as  a  Hcensed 
auctioneer  during  the  time  said  licensed  auctioneer  is  unable  to 
attend  to  his  business. 

Place  of  sale,  permit,  advertising,  noise. 

Section  4.  No  auctioneer  shall  sell  or  offer  for  sale  at  pubhc 
auction,  any  goods,  wares,  merchandise  or  other  personal  property 
in  any  place,  house,  store  or  building  other  than  the  place  where 
he  is  authorized  to  sell  by  his  said  hcense,  without  a  special  permit 
from  the  mayor;  and  no  goods,  wares  or  merchandise,  or  other- 
thing  whatever,  shall  be  sold  at  auction  or  exposed  for  sale,  in 
any  street,  avenue,  alley  or  public  place  in  the  city  of  Omaha, 
unless  permission  in  writing,  in  addition  to  the  hcense  herein 
required,  be  first  obtained  from  the  mayor,  who  is  hereby  authorized 
to  grant  such  permit,  when,  in  his  opinion,  such  permission  will 
not  interfere  wdth  free  travel  upon  any  such  street .  alley  or  public 
place,  and  will  not  be  injurious  to  the  city  or  inhabitants  thereof, 
and  no  auctioneer  making  sales  at  his  regular  place  of  business 
or  under  the  mayor's  permit  shall  use  any  means  of  attraction 
by  crier,  drum,  fife  or  other  instrument  of  noise  or  music  other 
than  a  signal  flag  and  a  bell,  said  bell  not  to  be  rung  more  than 
five  minutes  previous  to  the  commencement  of  each  sale. 

Penalty. 

Section  5.  Any  person  or  persons  who  shall  sell  or  attempt 
to  sell  at  pubhc  auction  in  this  city,  any  goods,  chattels  or  personal 
property  whatever,  except  under  and  by  virtue  of  an  order  of 
court,  or  in  a  judicial  capacity,  or  under  the  provisions  of  any 


REATSED    ORDINANCES.  117 

statute  or  law  in  this  state,  without  having  first  obtained  a  license 
as  herein  required,  shall,  for  each  offense,  upon  conviction,  be 
fined  in  the  sum  of  fifty  ($50)  dollars,  or  imprisoned  not  more 
than  thirty  days;  and  any  person  or  persons  so  violating  any 
other  provision  of  this  chapter  shall  be  subject  to  a  penalty  of 
not  less  than  five  ($5)  dollars  nor  more  than  fifty  ($50)  dollars, 
or  be  imprisoned  for  not  more  than  thirty  days. 


lis  RKVISf:D    ORDIXAXCKS. 


CHAPTER  VI. 

Permits.  AUTOMOBILES. 

Section  1.  No  automobile,  autocar  or  other  similar  vehicle 
shall  be  propelled  or  driven  upon  or  along  any  street,  >alley  or 
other  public  way  in  the  city  of  Omaha  unless  the  person  in  charge 
or  control  of  such  vehicle,  and  who  is  acting  as  the  operator  thereof 
and  as  such  operator,  controls  the  means  of  propulsion  of  any  such 
automobile,  autocar  or  other  similar  vehicle  shall  have  first  ob- 
tained a  permit  from  the  city  of  Omaha  to  act  as  an  operator  of 
such  vehicles  in  the  manner  hereinafter  provided;  and  for  the 
purpose  of  this  chapter  the  terms,  or  names  "automobile," 
"autocar"  and  "other  similar  vehicles"  wherever  and  whenever 
used  in  this  chapter  shall  be  held  to  embrace  and  mean  and 
are  hereby  defined  to  mean  any  vehicle  driven  or  propelled  upon 
or  along  the  streets,  alleys  or  other  public  ways  of  this  city,  whether 
for  purpose  of  business  or  pleasure,  or  for  both,  the  motive  power 
of  which  is  electricity,  compressed  air,  naphtha,  gasoline,  kerosene 
or  any  motive  power  other  than  animal  power,  or  motive  power 
supplied  solely  by  the  muscular  exertion  of  a  human  being. 

Provided,  however,  that  nothing  herein  shall  ^pply  to  the 
operation  of  any  locomotive,  grip  car,  motor,  trolley  car  or  other 
vehicle  used  by  any  steam  or  street  railway  upon  and  along  any 
track  or  tracks,  owned  or  authoritatively  used  by  any  steam  or 
street  railway  company  or  corporation. 

Fee. 

Section  2.  The  city  clerk  is  authorized  to  issue  permits 
under  his  hand,  with  the  seal  of  the  city,  to  any  person  or  persons 
being  owner  or  owners  or  operator  of  any  of  the  vehicles  for  the 
purpose  aforesaid  upon  any  such  owner  paying  to  the  city  treasurer 
a  fee  of  one  ($1)  dollar  for  each  vehicle  so  used. 

Rate  of  Speed. 

Section  3.  No  automobile,  autocar  or  other  similar,  vehicle 
shall  be  propelled  or  driven  along  any  of  the  streets,  alleys  or 
pubHc  ways  of  the  city  of  Omaha  within  the  district  bounded  on 
the  north  by  Izard  street,  on  the  east  by  the  Missouri  river,  on  the 
south  by  Leavenworth  street,  and  on  the  west  by  Twentieth 
street,  at  a  speed  exceeding  eight  miles  an  hour,  nor  on  any  of 


RKVISKD    ORDIXAXCKS.  119 

the  other  streets,  alleys  or  other  public  ways  in  said  city  of  Omaha 
at  a  speed  exceeding  twelve  miles  per  hour,  and  such  vehicles 
when  in  motion  shall  ke  bept  to  the  right  and  shall  observe  the 
rules  of  the  road  laid  down  for  other  vehicles. 

How  equipped. 

Section  4.  Each  and  every  automobile,  autocar  or  other 
such  vehicle  driven  or  propelled  upon  or  along  any  street,  alley 
or  public  way  in  the  city  of  Omaha  shall  be  ecjuipped  and  suppHed 
with  an  alarm  bell,  or  gong,  or  horn,  and  the  same  shall  be  sounded 
at  street  crossings  and  whenever  else  deemed  advisable  by  the 
operator  of  such  vehicle,  to  be  sounded  for  the  purpose  of  notifying 
pedestrians  or  others  of  the  approach  of  any  such  vehicle,  and 
each  automobile,  autocar  or  other  similar  vehicle  shall  be  equipped 
wuth  a  brake  or  set  of  brakes  which  shall  be  of  sufficient  power 
when  applied  to  bring  any  such  vehicle,  when  at  a  speed  of  twelve 
miles  an  hour  to  a  full  stop  within  ten  feet  from  the  point  such 
vehicle  was  when  such  brake  was  applied,  and  all  such  vehicles 
shall  carry  a  lighted  lamp  or  lamps  in  a  conspicuous  position  on 
such  vehicle  whenever  in  motion  on  any  street,  alley  or  other 
public  way,  at  any  time  after  dusk  and  before  dawn. 

Identification  number. 

Section  5.  Each  and  every  automobile,  autocar  and  other 
such  vehicle  shall  display  an  identification  number  as  herein 
provided.  Such  number  and  letters  shall  not  be  less  than  five 
inches  high,  and  the  line  marking  the  number  or  letters  shall  be 
white  and  be  five-eighths  of  an  inch  wide  at  every  point,  and 
such  numbers  and  letters  shall  be  placed  at  least  three-fourths  of 
an  inch  apart.  All  such  numbers  and  letters  shall  be  painted  on 
black  signs  or  placques  of  wood,  metal  or  leather,  or  directly  on 
the  machine  itself,  provided  such  machine  be  painted  black  at 
the  place  said  sign  shall  be  placed,  and  such  signs  or  placques 
shall  be  so  attached  to  the  machine  that  they  will  not  sway  in 
any  direction  independently  of  the  motion  of  such  machine.  Such 
numbers  shall  be  displayed  in  the  rear  of  the  machine  in  j^lain 
sight,  as  nearly  as  possible  in  the  middle  of  such  machine,  and 
shall  be  low  enough  so  as  not  to  be  hidden  by  the  hood,  or  any 
other  obstruction  on  the  machine.  The  number  shall  be  in  plain 
Arabic  numerals,  and  said  number  shall  correspond  to  the  number 
of  the  operator's  permit  issued  to  the  holder  of  the  saitl  automobile. 


120  REVISED    ORDINANCES. 

Red  light. 

Section  6.  All  automobiles,  autocars  or  other  such  vehicles 
when  in  use  on  the  streets  shall  have  and  keep  a  lighted  lamp 
or  lantern,  from  sunset  until  daybreak,  which  shall  throw  a  red 
light  directly  to  the  rear  of  the  machine.  ' 

Operator's  permit. 

Section  7.  No  person  shall  operate,  drive  or  propel  any 
automobile,  autocar  or  other  similar  vehicle  upon  or  along  any 
street,  alley  or  other  public  way  in  the  city  of  Omaha  without 
having  first  obtained  a  permit  therefor. 

Manufacturers'  and  sellers'  permit. 

Section  8.  Every  person,  firm  or  corporation  engaged  in  the 
business  of  manufacturing,  buying  and  selling  automobiles,  auto- 
cars or  other  similar  vehicles  shall  be  required  to  take  out  a  per- 
mit under  this  ordinance,  and  every  person,  firm  or  corporation 
so  engaged  in  such  business  shall  display  upon  each  and  every 
automobile,  autocar  and  other  similar  vehicles,  while  engaged  in 
exhibiting,  testing  or  demonstrating  any  such  automobile,  autocar 
or  other  similar  vehicles  an  identification  number  as  provided  in 
Section  5  hereof,  said  identification  number  shall  be  in  plain 
Arabic  numerals  and  said  number  shall  correspond  to  the  number 
of  the  permit  granted  to  such  person,  firm  or  corporation. 

Penalty. 

Section  9.  Any  person,  firm  or  corporation  violating,  dis- 
obeying, neglecting  or  refusing  to  comply  with  any  of  the  provi- 
sions of  this  chapter  shall  be  subject,  on  conviction,  to  a  penalty 
of  not  less  than  five  ($5)  dollars  nor  more  than  one  hundred  ($100) 
dollars  for  each  and  every  offense  and  to  a  revocation  of  said 
automobile  permit  to  the  person  operating  said  automobile,  auto- 
car or  other  such  vehicle  at  the  time  of  the  violation  of  this  chapter. 

Awnings. 

See  Buildings,   Section  8.5. 

Bagatelle  Table. 

See  Misdemeanors,  Sections  88  and  91. 

Ball  Playing  on  Streets. 

See  Misdemeanors,  Sections  86  and  87. 


REVISED    ORDINANCES.  121 


CHAPTER  VIT. 

License.  BANKRUPT  STOCKS;  SALES  OF. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person, 
firm  or  corporation  to  sell  or  offer  for  sale  any  bankrupt  stock 
of  goods  without  having  first  procured  a  license  therefor  as  herein 
provided. 

License  fees. 

Section  2.  Any  person,  firm  or  corporation  who  shall  de- 
sire to  sell  or  offer  for  sale  any  bankrupt  stock  of  goods,  must 
first  pay  to  the  city  clerk  the  sum  of  twenty-five  ($25)  dollars 
for  each  and  every  day  the  said  person,  firm,  or  corporation  shall 
desire  to  sell  or  offer  for  sale  any  bankrupt  stock  of  goods  in  the 
city  of  Omaha. 

License,  contents  of. 

Section  3.  The  city  clerk  shall  thereupon  issue  to  the  appli- 
cant a  license.  Said  license  shall  state  briefly  and  concisely  the 
purpose  and  time  for  which  issued  and  shall  be  signed  by  the  city 
clerk,  and  shall  bear. the  seal  of  the  city  impressed  thereon. 

Penalty. 

Section  4.  Any  person,  firm,  or  corporation  who  shall  be 
found  guilty  of  violating  any  of  the  provisions  of  this  chapter, 
shall,  upon,  conviction  thereof,  be  fined  not  less  than  twenty-five 
($25)  dollars  nor  more  than  one  hundred  ($100)  dollars  for  each 
and  every  offense  and  shall  forfeit  the  said  license. 


122  RKVISED    nR])IXAN('i:s. 


CHAPTER  VIII. 


BANKS  OF  EARTH  AND  STAGNANT  WATER. 

Banks  of  earth. 

Section  1.  That  all  lots  or  pieces  of  ground  Avithin  the  city 
of  Omaha  on  which  now  stand  or  on  which  may  hereafter  exist 
banks  of  earth  of  ten  (10)  feet  or  more  in  height,  near  to  and 
adjacent  to  any  travelled  street,  sidewalk  or  alley  of  said  city 
be,  and  the  same  are  hereby  declared  to  be  a  nuisance. 

Stagnant  water. 

Section  2.  That  all  lots  or  pieces  of  ground  within  the  city 
of  Omaha  on  which  exists  or  on  which  may  hereafter  accumulate 
or  exist  stagnant  water  be,  and  the  same  are  hereby  declared  to 
be  a  nuisance. 

Owner  or  agent  to  grade  lot. 

Section  3.  It  shall  be  the  duty  of  the  owner,  agent  or  person 
occupying  any  lot  or  piece  of  ground  upon  which  a  bank  of  earth 
of  ten  (10)  feet  or  more  in  height  may  stand  adjacent  or  near  to 
any  traveled  street,  sidewalk  or  alley  in  the  city  of  Omaha,  to 
grade  or  slope  down  such  bank  so  as  to  prevent  the  falling  of 
earth  therefrom  upon  any  travelled  street,  sidewalk  or  alley,  and 
so  as  to  prevent  any  accident  or  injury  happening  to  persons 
or  property  and  as  may  be  required  by  any  ordinance  of  the  city 
or  rule  or  regulation  of  the  city  engineer  or  health  commissioner, 
and  failing,  neglecting  or  refusing  so  to  do,  such  owner,  occupant 
or  agent  shall  be  deemed  guilty  of  maintaining  a  nuisance,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  exceeding 
one  hundred  ($100)  dollars  or  imprisoned  not  exceeding  thirty 
(30)  days,  or  both  fined  and  imprisoned  in  the  discretion  of  the 
court. 

Owner  or  agent  to  grade  lot. 

Section  4.  It  shall  be  the  duty  of  the  owner,  agent  or  occu- 
pant of  any  lot  or  piece  of  ground  in  the  city  of  Omaha  upon  which 
has  accumulated  or  upon  which  may  accumulate  or  exist  stagnant 
water,  to  cause  such  lot  or  piece  of  ground  to  be  drained,  filled 
or  graded,  so  as  to  prevent  stagnant  water  from  accumulating  or 


REVISED    ORDINANCES.  123 

existing  thereon,  and  failing,  neglecting  or  refusing  so  to  do,  such 
owner,  occupant  or  agent  shall  be  deemed  guilty  of  maintaining 
a  nuisance  and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  one  hundred  ($100)  dollars  or  imprisoned  not  ex- 
ceeding thirty  (30)  days,  or  be  both  fined  and  imprisoned  in  the 
discretion   of  the  court. 

Health  Commissioner,  duties  of. 

Section  5.  It  shall  be  the  duty  of  the  health  commissioner 
of  the  city  of  Omaha  to  cause  the  provisions  of  this  chapter  to 
be  enforced  and  to  cause  to  be  prosecuted  the  owner,  agent  or 
occupant  of  any  lot  or  piece  of  ground  in  the  city  of  Omaha  on 
which  stagnant  water  now  or  hereafter  shall  accumulate  or  exist 
or  on  which  banks  of  earth  now  or  hereafter  stand  which  by  the 
provisions  of  this  chapter  are  declared  to  be  a  nuisance;  and  it 
shall  also  be  the  duty  of  the  health  commissioner  from  time  to 
time  to  report  to  the  city  council  any  failure  of  any  owner,  occu- 
pant or  agent  of  any  such  lot  or  piece  of  ground  to  grade  or  drain 
the  same  and  his  action  with  respect  thereto  to  enable  the  mayor 
and  council  to  take  such  further  action  as  may  be  necessary  to 
protect  the  health  of  the  public  by  causing  such  lot  or  piece  of 
ground  to  be  drained,  filled  or  graded,  and  the  cost  and  expense 
thereof  to  be  levied  upon  the  property  so  filled,  drained  or  graded. 


124  REVISED    ORDINANCES. 


CHAPTER  IX. 

Requirements.  BARBERS. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person 
to  follow  the  occupation  of  a  barber  or  engage  in  the  business  of 
shaving  or  hair-cutting  in  the  city  of  Omaha  unless  he  shall  have 
first  complied  with  the  requirements  of  the  first  eleven  sections 
of  this  chapter. 

Board. 

Section  2.  A  board  of  examiners  to  consist  of  three  persons 
is  hereby  created  to  carry  out  the  purposes  and  provisions  of  this 
ordinance.  Such  board  shall  be  appointed  by  the  mayor  and 
confirmed  by  the  city  council,  the  members  of  such  board  to  be 
competent,  experienced  barbers  actually  engaged  in  the  barber  busi- 
ness in  the  city  of  Omaha,  either  as  journeymen  barbers  or  carry- 
ing on  the  barber  business.  The  members  of  such  board  shall 
serve  as  such  members  during  the  term  of  ofhce  of  the  mayor 
making  such  appointment  and  until  their  successors  are  appointed 
and  qualified.  Each  member  of  such  board  shall  give  his  bond 
in  the  sum  of  one  thousand  (SI, 000)  dollars  with  sureties  to  be 
approved  by  the  mayor  and  city  council,  conditioned  as  re- 
quired by  the  Act  incorporating  Metropolitan  Cities,  and  shall 
take  the  oath  provided  by  law  for  pubhc  officials.  Vacancies  in 
such  board,  caused  by  death,  resignation  or  removal  from  the 
city  shall  be  filled  by  appointment  in  the  manner  as  herein  be- 
fore provided. 

Officers. 

Section  3.  The  said  board  shall  elect  from  their  own  num- 
ber a  president  and  secretary  and  shall  provide  said  board  with 
a  common  seal,  and  from  time  to  time  shall  determine  and  desig- 
nate the  place  for  holding  the  meetings  of  said  board. 

Board  meetings. 

Section  4.  The  said  board  shall  hold  regular  meetings  for 
the  examination  of  applicants  and  issuing  of  certificates  on  the 
first  and  third  Monday  evenings  of  each  month,  commencing  at 
the  hour  of  8   o'clock,    and   each    member    of  the  board  shall  be 


REVISED    ORniX.\XCES.  125 

entitled  to  the  compensation  for  such  services  of  two  ($2.00) 
dollars  for  each  regular  meeting  so  held;  and  the  said  board  shall 
also  be  authorized  to  hold  special  meetings  at  any  time,  but  shall 
not  be  entitled  to  receive  any  compensation  for  their  services  on 
holding  such  special  meetings,  and  shall  not  be  entitled  in  anj^ 
event  to  compensation  for  any  services  unless  there  be  money  in 
the  special  fund  hereinafter  provided  for. 

Reports. 

Section  5.  The  said  board  shall  cause  to  be  made  and  filed 
in  the  city  clerk's  office,  on  or  before  the  first  day  of  January  of 
each  year,  a  report  showing  the  names  of  the  applicants  examined 
and  the  disposition  of  such  applications — whether  granted  or 
refused. 

Permit,  fee. 

Section  6.  Any  person  desiring  to  engage  or  continue  in 
the  business  of  barbering  in  the  city  of  Omaha  shall  make  applica- 
tion to  said  board  for  a  permit  so  to  do,  and  upon  said  board  being 
satisfied  that  such  applicant  is  eighteen  years  of  age  or  upwards, 
and  is  free  from  contagious  or  infectious  diseases,  and  is  possessed 
of  the  experience  and  requisite  knowledge  concerning  the  com- 
mon diseases  of  the  face  and  skin  to  avoid  the  aggravation  and 
spreading  thereof  in  the  practice  of  said  trade,  then  said  board 
shall  grant  said  application  and  shall  issue  a  permit  for  the  fiscal 
year  of  the  date  of  such  board,  ending  December  31st,  showing 
that  such  applicant  is  entitled  to  engage  in  and  practice  the  busi- 
ness of  barbering  in  the  city  of  Omaha;  provided,  however,  that 
such  permit  shall  not  be  issued  to  any  such  applicant  until  such 
applicant  shall  have  first  paid  to  the  city  treasurer  the  sum  of  one 
($1.00)  dollar  to  the  credit  of  the  fund  to  be  kno-uoi  as  the  barber's 
fund.  Upon  producing  such  receipt  and  upon  the  granting  of 
such  permit  the  secretary  shall  enter  the  name  of  the  applicant 
receiving  such  permit  in  a  registration  book  to  be  kept  by  him 
for  such  purpose;  provided,  further,  that  the  provisions  of  the 
first  eleven  sections  of  this  chapter  shall  not  apply  to  any  per- 
son serving  as  apprentices  in  said  barber  trade  under  a  barber 
authorized  to  engage  in  such  business,  nor  to  any  person  serving 
as  a  student  in  any  school  for  the  teaching  of  such  trade,  under 
the  instructions  of  a  qualified  barber;  provided,  further,  that  in 
no  shop  shall  there  be  more  than  one^apprentice  to  three   barbers 


126  REVISED    ORDINANCES. 

aciially  engaged  in  the  business  of  barbering  in  such  shops; 
provided,  further,  that  all  places  in  which  barbering  shall  be  done 
shall  be  deemed  and  considered  a  barber  shop  in  which  the  number 
of  apprentices  shall  not  exceed  one  apprentice  to  three  licensed 
barbers,  except  barber  schools  or  barber  colleges,  which  shall  have 
prominently  displayed  a  sign. ' '  Barber  College"  or ' '  Barber  School" 
and  no  other  sign;  and  provided,  further,  no  charge  shall  be 
made  or  compensation  received  from  customers  for  any  work  or 
service  of  any  barber  student  or  apprentice. 

Card,  seal. 

Section  7.  Said  board  shall  furnish  to  each  person  to  whom 
a  certificate  of  registration  is  issued  a  card  or  insigna  bearing  the 
seal  of  the  board  and  the  signature  of  its  president  and  secretary, 
certifying  that  the  holder  thereof  is  entitled  to  proctice  the  occupa- 
tion of  barber  in  this  city,  and  it  shall  be  the  duty  of  the  holder 
of  such  card  or  insigna  to  post  the- same  in  a  conspicuous  place 
in  front  of  his  working  chair  where  it  may  be  readily  seen  by  all 
persons  whom  he  may  serve. 

Revocation  of  certificate. 

Section  8.  Said  board  shall  have  power  to  revoke  any  certifi- 
cate of  registration  granted  by  it  under  this  act,  for  (a)  conviction 
of  crime,  (b)  habitual  drunkenness,  (c)  gross  incompetency,  or 
(d)  contagious  or  infectious  diseases.  Provided  that  before  certi- 
ficate is  revoked  the  holder  thereof  shall  have  notice  in  writing 
of  the  charge  or  charges  against  him,  and  shall,  at  the  day  specified 
in  said  notice,  at  least  five  days  after  the  service  thereof,  be  given 
a  public  hearing,  and  full  opportunity  to  produce  testimony  in 
his  behalf,  and  to  confront  the  witness  against  him.  Any  person 
whose  certificate  has  been  revoked  may  after  the  expiration  of 
ninety  days  apply  to  the  board  to  have  same  re-granted  him  upon 
a    satisfactory    showing    that    the    disqualifications    have    ceased. 

Definition. 

Section  9.  To  shave  or  trim  hair  or  beard  of  any  person  for 
hire  or  reward  received  by  the  person  performing  such  service 
to  any  other  person  shall  be  construed  as  practicing  the  occupa- 
tion of  barber  within  the  meaning  of  this  ordinance. 


KEVISKD    ORDINANCES.  127 

Fund,  how  used. 

Section  10.  The  fund  herein  authorized  to  be  created  may 
be  drawn  upon  and  used,  in  addition  to  paying  the  compensation 
of  the  members  of  said  board,  as  herein  authorized,  to  also  pay 
any  necessary  expenses  of  said  board  for  seal  and  supplies.  But 
in  no  event  shall  any  expenditure  be  authorized  or  permitted  in 
excess  of  the  amount  actually  on  hand  in  such  fund. 

Penalty. 

Section  11.  Any  person  procticing  or  engaging  in  the  busi- 
ness or  occupation  of  a  barber  in  the  city  of  Omaha  without  jfirst 
obtaining  a  permit,  as  required  in  the  preceding  sections  of  this 
chapter,  or  who  shall  engage  in  such  occupation  or  business  with- 
out complying  with  the  provisions  of  said  sections,  or  who  shall 
wilfully  employ  a  barber  who  has  not  a  certificate,  as  herein 
required,  or  who  shall  violate  any  of  the  provisions  of  said  sections, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  to  exceed  twenty  ($20) 
dollars. 

Regulations. 

Section  12.  That  all  barber  shops  and  hair  dressers  in  the 
city  of  Omaha  shall  be  subject  to  the  following  rules  and  regula- 
tions : 

Rule  1.  The  place  of  business,  together  with  all  furniture 
shall  be  kept  at  all  times  in  a  cleanly  condition.  Floors  or  wood- 
work should  not  be  swept  or  brushed  dry,  but  must  be  moped  up 
with  an  antiseptic  solution,  preferable  with  a  solution  of  corro- 
sive subhmate,  1 :500. 

Rule  II.  Cuspidors  must  be  made  with  wide  openings,  with- 
out any  beveled  or  rough  sides,  and  should  contain  water,  and 
when  cleaned  must  be  disinfected  with  any  of  the  herein  recom- 
mended antiseptic  solutions. 

Rule  III.  Mugs  and  ^having  brushes  shall  be  sterilized  by 
immersion  in  boiling  water  or  three  or  five  per  cent  formalin  solu- 
tion  after  every  separate  use  thereof. 

Rule  TV.  Razors  shall  be  wiped  with  95  per  cent  alcohol 
before   and  after  being  used   on    any   ))erson. 

Rule  V.  Hair  brushes  known  as  "sanitary  brushes"  must 
be  used.  These  must  be  sterilized  by  immersion  in  boiling  water 
or  by  dipping  in  five  per  cent  formalin  solution. 


128  REVISED    ORDINANCES. 

Rule  VI.     Combs  must  be  kept  clean  and  treated  like  brushes. 

Rule  VII.  Razor  strops  must  be  kept  clean  and  never  wiped 
off  with  hand  or  blown  upon  with  breath  before  using. 

Rule  VIII.  A  separate  clean  towel  shall  be  used  for  each 
person. 

Rvile  IX.  Barbers  shall  not  blow  away  with  their  breath 
an}^  hairs  after  cutting,  but  must  use  a  towel  or  bulb  or  fine  hair 
brush,  which  must  be  sterilized  as  the  hair  brushes  are. 

Rule  X.  Barbers  shall  keep  their  finger  nails  short  and 
clean.  Alum  or  other  material  used  to  stop  the  flow  of  blood  shall 
be  so  used  only  in  powder  form  and  applied  with  a  towel. 

Rule  XI.  The  use  of  powder  puffs  is  prohibited.  Instead 
use  clean  towels  or  absorbent  cotton.  The  use  of  sponges  is  pro- 
hibited. 

Rule  XII.  Every  barber  shop  shall  be  provided  with  run- 
ning hot  and  cold  Avater. 

Rule  XIII.  All  wash  basins  must  be  connected  with  the 
sewer  and  properly  tapped. 

Rule  XIV.  No  person  shall  be  allowed  to  use  any  barber's 
shop  as  a  dormitory. 

Rule  XV.  Every  barber  shall  cleanse  his  hands  thoroughly 
immediately  after  serving  each  customer. 

Rule  XVI.  Needles,  tweezers,  forceps  and  other  instru- 
ments must  be  disinfected  in  boiling  water  or  three  or  five  per  cent 
formalin  solution  immediately  after  using  and  thoroughly  dried 
by  passing  quickly  through  a  gas  or  alcohol  flame.  Scissors  and 
clippers  to  be  treated  likewise. 

Rule  XVII.  Barbers  and  hairdressers  are  warned  from  at- 
tempting to  treat  skin  diseases,  barbers'  itch,  etc.,  and  should 
advise  their  customers  to   consult   a  physician. 

Rule  XVIII.     The  use  of  finger  bowls  in  prohibited. 

Rule  XIX.  A  printed  copy  of  these  rules  shall  be  placed 
in  a  conspicious  place  in  the  shop. 

It  shall  be  the  duty  of  the  health  commissioner  and  the 
police  department  to  observe  and  enforce  these  rules.  For  each 
and  every  violation  of  these  rules  a  fine  not  exceeding  ten  ($10) 
dollars  shall  be  imposed. 

Prices. 

Section  13.  It  is  hereby  declared  unlawful  for  any  barber  or 
person  engaged  in  the  work  of  barbering  in  the  city  of  Omaha,  to 
demand,  charge,  reciuest  or  recjuire  to  be  paid  for  any  work  done 


REVISED    ORDINANCES.  129 

in  any  barber  shop  or  place  claiming  or  pretending  to  do  barbering, 
to  exceed  the  following  rates,  to. wit: 

For  shave,  not  more  than  15  cents  or  less  than  10  cents. 

For  hair  cut,  not  more  than  35  cents  or  less  than  15  cents. 

For  hair  singe  (or  burn),  not  more  than  35  cents  or  less  than 
15  cents. 

For  hair  tonic,  not  more  than  15  cents  or  less  than  5  cents. 

For  seafoam,  not  more  than  15  cents  or  less  than  5  cents. 

For  shampoo,  not  more  than  35  cents  or  less  than  15  cents. 

For  dying  a  head  of  hair,  not  more  than  $5  or  less  than  $2. 

For  dying  a  mustache,  not  more  than  35  cents  or  less  than 
20  cents. 

For  curling  (or  rolhng)  a  mustache,  5  cents. 

For  shaving  a  neck,  not  more  than  5  cents. 

For  face  steam  (or  hot  towel),  not  more  than  5  cents. 

For  dry  shampoo  (or  headrub),  not  more  than  10  cents. 

Provided,  further,  that  in  each  shop  there  must  be  displayed 
over  or  in  front  of  the  working  chairs,  in  a  conspicuous  place,  a 
list  of  the  charges  exacted  by  the  barbers  for  their  service. 

Any  barber  or  person  engaged  on  the  work  of  barbering  who 
shall  demand,  charge,  request  or  require  any  patron  or  customer 
to  pay  for  any  barbering  work  to  exceed  the  rates  specified  and 
prescribed  in  this  section,  or  who  shall  fail  or  neglect  to  display  a 
hst  of  charges  as  herein  required,  shall  be  deemed  guilty  of  swind- 
Mng  and  of  having  committed  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  five  ($5)  dollars 
or  to  exceed  fifty  ($50)  dollars  for  each  offense,  and  in  addition 
thereto  the  hcense  of  any  such  barber  shall  be  subject  to  immedi- 
ate revocation. 

Barb  Wire  Fence. 

Sec  Misdemeanors,  Section  31. 

Barricades,  Removal  of. 

See  Misdemeanors,  Sections  71  and  72. 

Beggars,  Unsightly. 

See  .Misdemeanors,  Section  IS. 


130  REVISKl)    ORDINANCES. 


CHAPTER  X. 

On  sidewalks.  BICYCLES. 

Section  1.  That  it  is  hereby  declared  unlawful  for  any  })erson 
upwards  of  the  age  of  ten  years  to  ride  any  bicycle  or  tricycle 
upon  or  over  any  sidewalk  in  the  city  of  Omaha.  Any  person  over 
the  age  of  ten  years  violating  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  twenty-five  ($25)  dollars. 

Speed. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  to 
ride  any  bicycle  or  tricycle  over,  upon  or  along  any  public  street 
avenue  at  a  speed  greater  than  eight  miles  an  hour  in  that  part 
of  the  city  of  Omaha  bounded  by  the  following  streets:  Ninth 
street  on  the  east,  Leavenworth  street  on  the  south,  Twenty-fourth 
street  on  the  west  and  Cuming  street  on  the  north;  or  for  any 
person  to  ride  any  bicycle  or  tricycle  oyer,  upon  or  along  any 
public  street  or  avenue  of  the  city  of  Omaha  outside  of  the  above 
limits  at  a  speed  greater  than  ten  miles  an  hour.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
in  any  sum  not  exceeding  twenty-five  ($25)  dollars. 


REVISED    ORDINAKCES.  131 


CHAPTER  XI. 

License.  BILL  POSTING. 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, by  themselves  or  03'  or  through  their  agents  or  employes, 
to  be  or  become  engaged  in  the  business  of  painting  advertising 
signs  upon  fences,  buildings  or  boards  erected  for  sign  purposes 
within  the  limits  of  the  city  of  Omaha,  or  distributing,  tacking 
cards  or  posting  any  posters,  circulars,  dodgers,  samples,  sample 
copies  or  other  bills  or  devices  used  to  advertise  patent  medicine, 
patent  articles,  tobacco,  merchandise,  shows,  circuses,  theatrical 
performances  or  for  any  other  purpose  for  Avhich  advertising  signs, 
posters,  circulars,  dodgers,  bills  or  devices  are  calculated  to  attract 
the  attention  of  the  public,  without  having  first  obtained  a  license 
so  to  do. 

Bond. 

Section  2.  Any  person,  firm  or  corporation  desiring  to  engage 
in  the  business  of  painting  advertising  signs,  distributing,  tacking, 
posting  or  hanging  any  posters,  circulars,  dodgers,  samples,  sample 
copies  or  other  bills  or  devices  used  to  advertise  as  aforesaid, 
shall  make  application  to  the  city  clerk  for  a  license  so  to  do,  and 
shall  file  with  said  application  a  bond  in  the  sum  of  two  thousand 
five  hundred  ($2,500)  dollars  with  sureties,  to  be  approved  by 
the  mayor  and  cit}^  council,  such  bond  to  be  conditioned  to  save 
the  city  harmless  from  all  damages  or  injury  that  may  occur  by 
reason  of  said  bill  boards  or  said  sign  boards,  provided  it  shall  not 
be  necessary  to  obtain  said  license  or  to  furnish  said  bond  as  a 
condition  prerequisite  for  the  distributing  of  bills  or  posters  for 
any  charitable  or  political  purposes.  And  upon  the  approval  of 
said  bond  by  the  mayor  and  city  council,  and  the  payment  to  the 
city  clerk  of  a  license  fee  of  one  hundred  ($100)  dollars  by  said 
applicant,  it  shall  be  the  duty  of  the  city  clerk  to  issue  the  reciuired 
license,  all  such  licenses  to  expire  December  31st  of  the  year  in 
which  they  are  issued. 

Height  of  bill  board. 

Section  3.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  erect  or  cause  to  be  erected,  or  to  keep  standing  after 
the  enactment  of  this  ordinance,  any  bill  board  or  sign  board  on 


132  RKVISKD    OEWNANCES. 

a  lot  line  in  the  said  city  of  Omaha  of  a  greater  height  than  twelve 
feet,  and  each  bill  board  or  sign  board  hereafter  erected  in  said 
city  shall  be  erected  in  a  safe  and  durable  manner,  and  before 
the  erection  of  a  sign  board  or  bill  board  in  said  city  said  person 
or  persons  shall  be,  and  they  are  hereby  required  to  obtain  from 
the  building  inspector  of  said  city  a  permit  to  erect  such  bill  board 
or  sign  board,  such  permit  to  state  the  size  and  location  of  said 
board. 

Obscene  signs. 

Section  4.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  post  on  any  bill  board  or  paint  on  any  sign  board  or 
on  any  fence,  building  or  structure  of  any  kind,  or  to  distribute 
any  circular  or  poster,  or  by  any  device  of  a  similar  character, 
any  obscene  or  immoral  cut  or  picture  or  any  immoral  or  obscene 
printed  matter,  or  any  cut  or  figure  or  printed  matter  that  tends 
to  or  suggests  anything  of  an  immoral  or  obscene  nature. 

Effect  on  business  signs. 

Section  5.  Nothing  in  this  chapter  shall  operate  as  a  repeal 
of  any  of  the  provisions  of  the  ordinance  of  the  said  city  of 
Omaha  relating  to  fences  or  to  signs  or  sign  posts  erected  to 
advertise  or  display  the  business  of  the  person  or  persons  erecting 
the  same  and  to  whose  place  of  business  they  are  directly  attached. 

Penalty. 

Section  6.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  chapter  shall,  upon  conviction,  be  fined  not  less  than 
twenty-five  ($25)  dollars  nor  more  than  one  hundred  ($100) 
dollars  for  each  and  every  such  offense. 

Birds,  Killing  of. 

See  Misdemeanors,  Section  12. 

Birds,  Nests  and  Eggs,  Injuring. 

See  Misdemeanors,  Section  14. 

Births  and  Deaths. 

See  sanitary  regulations. 

Blank  Cartridges. 

See  Misdemeanors,  Sections  8-1  and  85. 

Blowing  Whistle  and  Ringing  Bell. 

See  Misdemeanors,  Sections  99  and  100. 


REVISED    ORDINANCES.  133 


CHAPTER  XII. 

BOARD  OF  EDUCATION,  QUARTERS  OF. 
Rooms  for. 

Section  1.  That  all  the  rooms  on  the  fifth  floor  of  the  city 
hall  building,  in  the  city  of  Omaha,  east  of  the  north  and  south 
center  line  of  the  building,  and  also  the  room  in  the  northwest 
corner  of  the  building  on  said  fifth  floor,  be  and  hereby  are  desig- 
nated for  the  use  of  the  board  of  education  of  the  school  district 
of  Omaha,  in  the  county  of  Douglas,  state  of  Nebraska,  the  said 
board  to  have  the  right  to  the  use  of  the  same  free  of  all  charge 
for  rent  and  cost  for  fuel,  and  elevator  service,  the  said  board, 
however,  to  provide  the  required  janitor  service  for  keeping  said 
rooms  and  the  corridor  of  said  fifth  floor  in  a  clean,  safe  and  proper 
condition : 

Provided,  however,  that  the  right  of  said  board  of  education 
of  said  school  district  of  Omaha  to  the  use  of  said  rooms  shall 
terminate  upon  said  city  giving  to  said  board  of  education  one 
year's  notice,  and  the  payment  to  said  board  of  education  of  the 
principal  sum  of  twenty  thousand  ($20,000)  dlolars  which  said 
sum  was  heretofore  contributed  by  said  board  of  education  toward 
the  erection  of  said  building. 

Board  of  Park  Commissioners. 
See  Park  Coninussioiires. 


]34 


REVISED    ORDINAXCES. 


CHAPTER  XIII. 


BOILERS— BOILER  INSPECTOR. 
Appointment — Term  of  office. 

Section  1.  The  mayor  shall  appoint,  by  and  with  the  con- 
sent of  the  city  council,  a  boiler  inspector,  who  shall  hold  his 
office  until  the  end  of  the  mayor's  term  and  until  his  successor 
is  appointed  and  c[ualified,  unless  sooner  removed  or  the  ordinance 
creating  the  office  shall  be  repealed,  except  as  otherwise  provided 
in  the  act  incorporating  metropolitan  cities. 

Qualifications. 

Section  2.  The  boiler  inspector  shall  be  a  mechanical  en- 
gineer, well  qualified  from  practical  experience  in  the  use  and 
construction  of  boilers,  generators,  super-heaters  and  their  ap- 
purtenances used  for  generating  steam  for  powe/,  steaming  or 
heating  purposes,  to  enable  him  to  judge  of  their  safety  for  use 
as  such,  and  who  is  neither  directly  or  indirectly  interested  in 
the  manufacturing,  ownership  or  agency  of  steam  boilers  which 
are  to  be  inspected. 

Bond. 

Section  3.  The  Ijoiler  inspector,  before  entering  upon  the 
duties  of  his  office,  shall  execute  a  bond  to  the  city  of  Omaha  in 
the  sum  of  one  thousand  ($1,000)  dollars,  as  provided  by  act 
incorporating  metropohtan  cities. 

Board  of  Engineers — Appointment — Qualifications. 

Section  4.  The  mayor  shall  also  designate  and  appoint  by 
and  with  the  consent  of  the  city  council,  two  persons  who  shall 
be  qualified  and  have  had  at  least  five  years'  experience  as  practi- 
cal and  mechanical  engineers,  and  do  hold,  or  are  qualified  to  hold, 
a  first-class  certificate  as  engineers,  who,  in  conjunction  with  the 
boiler  inspector,  shall  constitute  a  board  of  engineers. 

Duties  of  Boiler  Inspector, 

Section  5.  The  boiler  inspector  shall  devote  his  time  and 
attention  to  the  duties  of  his  office,  and  also  perform  the  duties 
of  secretary  of  the  board  of  engineers.     He  shall  carefully  inspect 


REVISED    ORDINANCK.S.  135 

and  test  every  stationary  boiler  and  steam  generating  apparatus, 
under  pressure,  used  for  stationary  power,  as  provided  by  this 
chapter,  including  attachments  and  connections  located  within 
the  city  of  Omaha,  at  least  once  annually.  He  shall  keep  a  com- 
plete and  accurate  record  of  the  names  of  all  owners  or  users  of 
steam  boilers,  giving  a  full  description  of  the  boilers  inspected  by 
him  and  amount  of  pressure  allowed  the  date  when  last  tested. 
He  shall  notify  all  owners  or  users  of  boilers  of  the  time  when  a 
re-inspection  and  the  test  will  be  made  and  appoint  a  day  on 
which  he  shall  make  a  re-inspection. 

Inspection — Certificate — Fee. 

Section  6.  The  manner  of  inspection  shall  be  substantially 
as  follows:  The  boiler  inspector  shall  have  the  option  of  making 
the  hammer  test  or  hydrostatic  test.  If  the  hammer  test  be  used, 
the  examination  must  be  thorough  and  searching  upon  every 
part  of  the  boiler,  both  internally  and  externally,  including  all 
fittings  and  attachments.  If  the  hydrostatic  test  be  used,  each 
boiler  so  tested  shall  first  be  filled  with  water  and  heated  to  at 
least  160  degrees  F.  and  the  test  be  made  to  equal  the  maximum 
pressure  to  be  allowed  on  such  boiler  as  stated  in  the  inspector's 
certificate,  unless  ordered  by  the  owner  of  such  boiler  or  boilers 
to  make  a  higher  test.  And  the  certificate  of  inspection  herein 
provided  shall  test  the  maximum  pressure  at  which  any  boiler 
may  be  worked.  In  case  a  defect  shall  be  discovered  in  any  boiler 
or  attachments  thereto,  the  boiler  inspector  shall  report  the  same 
to  the  owner  or  user  of  said  boiler  or  boilers  and  state  the  facts 
of  the  case  in  writing,  giving  a  description  of  the  particular  locahty 
in  which  each  defect  jnay  be  found  and  whether  of  dangerous 
character  and  necessitating  immediate  repairs.  If  the  boiler 
inspector  shall  at  any  time  find  a  boiler,  which  in  his  judgment 
is  unsafe,  after  inspecting  the  same,  he  shall  condemn  its  further 
use.  All  boilers  to  be  tested  by  hydrostatic  pressure  shall  be  filled 
with  water  by  the  owners  or  users,  and  they  shall  furnish  necessary 
labor  required  to  work  and  handle  the  pumps  in  applying  the 
test.  When  leaks  occur  which  prevent  a  successful  test,  the  boiler 
inspector  shall  make  a  second  test;  if  the  boiler  or  boilers  are  still 
defective  he  shall,  for  each  subsequent  test,  collect  an  additional 
inspection  fee  of  five  ($5)  dollars,  but  in  no  case  shall  he  give  a 
certificate  until  fully  satisfied  of  the  safety  of  the  boiler  or  boilers. 


136  REVISED    ORDIT^ANCES. 

Stationery — Sessions — Quorum. 

Section  7.  The  boiler  inspector  and  board  of  engineers  shall 
be  provided  with  all  needed  blanks  and  stationery  needful  for 
their  official  duties.  Said  board  shall  provide  for  regular  sessions 
and  the  boiler  inspector  shall  act  as  secretary  and  keep  minutes 
of  the  proceedings.  Said  board  shall  convene  for  business  once 
in  each  month  to  examine  into  qualifications  of  applicants  for 
engineer's  certificates.  And  the  boiler  inspector  shall  have  power 
to  call  a  special  session  of  the  board  if  deemed  necessary.  A 
majority  of  the  members  of  said  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Regulations,  penalties,  fees,  etc. 

Section  8.  Every  applicant  for  a  certificate,  who  fails  to 
pass  the  examination  of  the  board  is  required  to  wait  three  (3) 
months  before  again  making  application  for  a  certificate,  and  at 
the  expiration  of  such  period  the  board  will  give  him  another 
examination. 

Every  applicant  for  a  certificate  must  make  application  for 
the  same  on  a  blank  furnished  by  the  board  of  engineers  for  that 
purpose.  Applicants  must  have  at  least  two  years'  experience 
at  mechanical  or  steam  engineering,  and  must  write  and  state 
their  experience  on  the  blank.  All  applications  must  be  signed 
by  two  citizens,  one  of  whom  must  be  a  steam  user  or  engineer. 
Said  applicant  shall  be  required  to  go  before  the  board  and  make 
oath  that  the  statements  set  forth  in  such  blanks  are  true. 

Every  engineer  holding  a  certificate  granted  by  the  board  is 
required  to  notify  the  board  when  he  accepts  or  leaves  his  em- 
ployment, and  state  the  name  of  his  employer  and  the  location  of 
the  boiler  in  his  charge  immediately,  and  any  engineer  who  fails 
to  give  such  notice  may  have  his  certificate  revoked  Vjy  the  board. 

Any  steam  user  or  engineer  failing  to  place  or  put  in  a  con- 
spicuous place  in  the  engine  room  or  boiler  nouse  the  certificate 
of.  the  boiler  inspector  or  the  certificate  of  the  board  of  engineers, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  not  less  than  one  (SI)  dollar  nor  more  than  one 
hundred  ($100)  dollars. 

Any  engineer  holding  a  certificate  granted  by  the  board  shall, 
within  the  first  ten  days  of  January  and  July  of  each  year,  make 
a  written  report  to  the  boiler  inspector  of  the  condition  of  all 
boilers  and  apparatus  in  his  charge. 


REVISED    ORDINANCES.  137 

Every  certified  engineer  shall  devote  at  least  eight  hours  out 
of  every  twenty-four  hours  to  the  duties  of  the  plant  where  he  is 
employed  as  engineer,  and  if  he  neglects  or  fails  to  comply  with 
this  section,  or  if  intoxicated  while  in  the  discharge  of  his  duty, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall,  besides  the  fines  otherwise  provided  for,  forfeit  his 
certificate. 

Any  person  who  violates  or  fails  to  comply  with  the  provi- 
sions of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  when  no  other  fine  or  punishment 
is  fixed  in  this  chapter,  may  be  fined  in  a  sum  not  less  than  five 
($5)  dollars  nor  more  than  fifty  ($50)  dollars  for  each  offense. 

The  board  shall  issue  three  grades  of  certificates,  as  follows: 

(1).  First  grade  certificate  shall  entitle  the  holder  to  take 
charge  of  and  run  any  steam  plant. 

(2).  Second  grade  certificate  shall  entitle  the  holder  to  take 
charge  of  and  run  any  steam  plant  under  100  H.  P. 

(3).  Third  grade  certificate  shall  entitle  the  holder  to  take 
charge  of  and  run  any  steam  plant  under  50  H.  P.,  and  the  board 
of  engineers  may  grant  to  persons  operating  low  pressure  gravity 
steam  heating  plants  carrying  not  to  exceed  twenty  (20)  pounds 
pressure  to  the  square  inch,  a  special  third  grade  certificate,  to 
be  valid  for  one  particular  specified  plant  and  no  other. 

A  fee  of  five  ($5)  dollars  shall  be  charged  for  each  examination 
of  an  engineer  for  license  by  said  board,  provided  that  no  license 
shall  be  granted  to  any  person  under  twenty-one  years  of  age. 

Said  certificate  shall  be  valid  for  one  year,  and  no  longer, 
but  shall  be  renewed  each  year  upon  the  payment  of  one  ($1) 
dollar  to  the  city  treasurer  and  presenting  his  receipt  for  the  same 
to  the  boiler  inspector. 

It  shall  be  unlawful  for  any  person  to  employ  or  any  person 
to  serve  as  engineer  who  is  not  licensed  by  the  board  of  engineers, 
and  any  one  violating  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  five  (So)  dollars  nor  more  than  one  hundred  dollars;  provided, 
however,  that  the  boiler  inspector,  upon  satisfactory  examination, 
may  issue  a  permit  to  any  applicant  for  engineer's  license,  said 
permit  to  hold  good  only  until  the  first  meeting  of  the  board  of 
engineers,  after  its  issue,  when  said  applicant  shall  be  examined 
by  the  board  for  an  engineer's  license. 


138  IlKVISKl)    0!{1)1XA.\('KS. 

The  board  of  engineers  shall  have  power  to  establish  rviles 
(not  inconsistent  with  the  provisions  of  this  chapter)  to  govern 
examinations  of  applicants  for  engineer's  license. 

Appeal  to  Board  of  Engineers. 

Section  9.  Any  owner  or  user  of  a  steam  boiler,  feeling 
aggrieved  on  account  of  any  decision  of  the  boiler  inspector,  may 
appeal  to  the  board  of  engineers,  and  upon  a  thorough  and  care- 
ful investigation  of  the  matter  at  issue  between  the  parties,  a 
majority  of  the  board  shall  decide  the  question,  which  shall  be 
fixed  in  all  cases.  But  the  boiler  inspector  shall  not  have  a  voice 
in  any  matter  in  which  there  is  an  appeal  from  his  decision. 

Deprived  of  services  of  certified  engineer. 

Section  10.  In  case  the  user  or  owner  of  any  l)oiler  shall 
for  any  cause  be  deprived  of  the  services  of  a  certified  engineer, 
he  must  notify  the  boiler  inspector  at  once;  said  inspector  may 
procure  an  experienced  and  careful  person  for  a  time  not  exceed- 
ing six  (6)  days  at  the  expense  of  parties  requesting  such  service. 
Where  boilers  are  used  and  engines  run  night  and  day,  the  owner 
or  users  of  steam  power  must  employ  two  certified  engineers, 
who  may  stand  watch   alternately. 

Permit. 

Section  11.  An}-  person  or  persons  inteiuiing  to  ])ut  a  boiler 
or  boilers  into  their  estabhshment  or  building,  must  apply  to  the 
boiler  inspector  for  a  permit  before  setting  up  any  boiler.  A  fee 
of  five  dollars  ($5)  shall  be  charged  for  each  permit  issued  for 
each  boiler,  said  fee  for  permit  to  cover  the  issuing  of  the  first 
certificate,  provided  that  not  more  than  two  inspections  are  made 
before  the  certificate  is  issued,  and  if  more  than  two  inspections 
are  necessary  then  all  subsequent  inspections  shall  be  made  as 
provided  for  in  section  6  of  this  chapter;  and  any  one  failing 
or  refusing  to  comply  with  the  same  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  fifty  dollars  nor  more  than  three  hundred  dollars. 

Boilers  to  be  inspected — Penalty. 

Section  12.  All  owners  or  users  of  any  stationarj^  boiler 
or  boilers  or  steam  generating  apparatus  used  under  pressure, 
shall   have   the   same   inspected    and   tested    as   herein    provided, 


RKVISKI)    OUUIN'AXCKS.  139 

liefore  setting  the  same,  and  while  being  used  and  at  least  once 
a  year  thereafter.  And  any  owner  or  user  failing  to  pro- 
cure the  boiler  inspector's  certificate  within  ten  days  after  each 
inspection,  or  neglecting  or  refusing  to  have  such  inspection  made 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  less  than  twenty-five  ($25) 
dollars  nor  more  than  two  hundred  ($200)  dollars  for  each  offense. 

Who  may  operate  boilers. 

Section  lo.  No  person  shall  use  or  operate  or  cause  to  be 
used  or  operated  any  steam  boiler  used  in  furnishing  motive  power 
or  furnishing  steam  for  any  purpose,  other  than  heating  a  private 
dwelling  house,  unless  there  be  in  charge  of  such  steam  boiler  an 
exi)erienced  person  having  a  certificate  from  the  board  of  engi- 
neers; and  the  V)oard  shall  not  issue  any  such  certificate  until 
after  an  examination,  and  are  satisfied  that  the  applicant  is  suf- 
ficiently experienced  and  a  proper  person  to  have  charge  of  and 
operate  such  boiler,  and  all  persons  in  charge  of  such  steam  boilers 
shall  comply  with  and  be  subject  to  the  provisions  and  penalites 
of  this  chapter. 

Pressure — Penalty. 

Section  14.  If  owners  or  users  of  steam  boilers  or  engineers 
in  charge  of  the  same,  shall  carry  a  greater  pressure  than  is  allowed 
in  the  certificate  of  inspection  granted  by  the  boiler  inspector, 
they  or  either  of  them  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof,  shall  be  fined  not  less  than  fifty  ($50) 
dollars  nor  more  than  three  hundred  ($300)  dollars;  and  in  case 
of  an  engineer,  his  certificate  shall  be  revoked.  Or  if  such  owners 
or  users  shall  use  any  boiler  which  has  been  condenmed  as  unsafe 
by  the  boiler  inspector,  thej^  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  a  sum  not 
less  than  one  hundred  ($100)  dollars  nor  more  than  five  hundred 
($500)  dollars. 

Condemned  boilers — How  marked. 

Section  15.  Each  and  ever  boiler  when  condemned  from 
further  use  by  the  l^oiler  inspector  shall  have  every  sheet  stamped 
with  a  steel  die  bearing  a  ''C"  on  its  face  not  less  than  three- 
fourths  (f)  of  an  inch  in  diameter,  with  a  small  "d"  inthe  center, 
thus  (^(^),and  no  such  iron  or  steel  so  condemned  or  branded 
shall  be  again  used  for  boiler  i)urpuses. 


140  RPJVISF.l)    ORDINANCES. 

Private  residences— Inspection — Fees. 

Section  16.  All  boilers  used  exclusively  for  heating  private 
residences,  carrying  not  to  exceed  ten  (10)  pounds  pressure  to  the 
square  inch,  shall  be  subject  to  the  provisions  of  this  ordinance 
with  regard  to  inspection,  but  a  fee  of  two  ($2)  dollars  only  shall 
be  charged  for  each  inspection. 

Penalty  for  using  condemned  boilers. 

Section  17.  When  a  steam  boiler  is  condemned  for  repairs, 
it  shall  be  a  misdemeanor  and  punishable  by  a  fine  of  not  less 
than  one  hundred  ($100)  dollars  nor  more  than  one  thourand 
($1,000)  dollars  for  any  owner  or  operator  to  use  such  boiler  so 
condemned  until  after  the  required  repairs  shall  have  been  made 
and   approved  by   the   boiler  inspector. 

Assistant. 

Section  IS.  The  boiler  inspector  shall  authorize,  by  and  with 
the  consent  of  the  mayor,  upon  the  written  application  of  the 
president  or  manager  of  any  steam  boiler  inspection  and  insurance 
company  duly  authorized  by  the  insurance  laws  of  the  state  of 
Nebraska  to  transact  business  as  an  inspection  and  insurance 
company  of  the  city  of  Omaha,  Nebraska,  one  assistant  boiler 
inspector  for  each  and  every  such  company  making  an  applica- 
tion therefor,  who  shall  appear  before  the  board  of  engineers  and 
be  examined  as  to  his  qualifications,  and,  if  quahfied,  said  board 
shall  grant  him  a  certificate  as  inspector  of  such  company  for  a 
term  expiring  with  the  term  of  such  boiler  inspector:  and  said 
assistant  shall  obtain  from  the  boiler  inspector  a  permit  to  make 
said  inspection,  upon  payment  to  the  city  treasurer  by  the  insur- 
ance company  represented  the  sum  of  one  (SI)  dollar,  provided, 
however,  that  said  permit  shall  cover  all  inspections  made  in  the 
year  said  permit  was  issued  upon  the  boiler  for  which  said  permit 
was  issued,  and  said  assistant  boiler  inspector  shall  inspect  and 
test  the  boilers  insured  by  the  company  emploiyng  him  and  no 
other.  The  said  assistant  boiler  inspector  shall  serve  without 
compensation  from  the  city  of  Omaha,  and  shall  give  bond  to  the 
city  of  Omaha  in  the  penal  sum  of  three  thousand  ($3,000)  dollars, 
with  the  same  conditions  as  required  of  the  boiler  inspector,  sub- 
ject to  the  approval  of  the  mayor  and  council. 


REVISKD    ORDINANCES.  141 

Board — Pay — Bond. 

Section  19.  The  members  of  the  board  of  engineers,  except 
the  boiler  inspector,  shall  each  receive  four  ($4)  dollars  for  each 
session  at  which  they  are  present,  provided  said  board  shall  hold 
not  to  exceed  one  session  per  week.  They  shall  each  give  a  bond 
in  like  manner  as  the  boiler  inspectors,  with  the  same  conditions, 
and  in  the  penal  snni  of  five  hundred  (S500)  dollars  each;  said 
bond  to  be  approved  by  the  mayor. 

Engineer  neglecting  duty — Penalty. 

Section  20.  If  any  engineer  shall  negligently  or  Avrongfully 
endanger  the  life  of  any  person  by  permitting  the  water  to  fall 
below  the  flues  or  crow.n  sheets  of  an}^  boiler  or  boilers,  or  other- 
wise neglect  his  duties,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  be  subject  to  a  fine  of  not  less  than 
twenty-five  ($25)  dollars,  nor  more  than  five  himdred  ($500) 
dollars.    . 

Try  cocks — Water  gauge — Safety  valves — Force  pumps. 

Section  21.  It  shall  be  the  duty  of  every  owner  or  other 
person  using  steam  boilers  in  the  city  of  Omaha  to  provide  and 
properly  affix  thereto  a  full  complement  of  "try  cocks,"  one  (1) 
water  gauge,  one  or  more  safety  valves  of  suitable  dimensions, 
to  be  approved  by  the  inspector,  also  a  good  and  sufficient  force 
pump  or  other  means  of  supplying  the  boiler  with  water,  and  in 
no  case  shall  direct  pressure  from  the  water  mains  be  used  to  feed 
the  boiler  or  boilers  when  sixty  pounds  or  over  pressure  is  carried 
on  said  boiler  or  boilers,  which  shall  also  be  subject  to  the  approval 
of  said  inspector. 

Fee  for  inspection  of  boilers. 

Section  22.  The  boiler  inspector  shall  charge  a  fee  of  five 
($5)  dollars  for  the  inspection  of  each  boiler  or  tank,  which  shall 
be  paid  by  the  party  requiring  such  service. 

Inspector's  report. 

Section  23.  The  inspector  shall  report  quarterly,  each  year 
to  the  council,  or  as  often  as  monthly  if  required,  all  boilers  in- 
spected by  him. 


142  RKVISKD    ORDIXANCKS. 

Fees  and  fines. 

Section  24.  All  fees  and  fines  shall  be  turned  over  to  the 
city  treasurer  on  the  last  day  of  each  calendar  month,  or  not  later 
than  the  first  of  the  following  month,  by  the  inspector,  and  he 
shall  make  a  statement  to  the  city  comptroller  sho\vin<;-  all  monies 
from  whom  and  when  the  collection  was  made. 

All  monies  thus  reported  shall  be  credited  to  the  general 
fund,  and  from  which  fund  the  expenses  of  the  inspector's  office 
shall  be  psLid. 

Penalty. 

Section  25.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  this  chapter  where  no  penalty  is  provided,  shall  be  subject 
to  a  penalty  of  not  less  than  thirty  (S30)  dollars  nor  exceeding 
one  hundred  ($100)  dollars  for  each  and  every  offense. 

Booking  Agerxcies. 

Set'  Eini)loynient  Agencies,  Section  <S. 

Bread,  Weight  of. 

See  Misdemeanors,  Section  43. 


RF.VISI'ID    0!M>IXANri:s.  143 


CHAPTF.R  XIV. 

Permits.  BUILDINGS. 

Section  1.  Whenever  any  person,  persons,  firm  or  corjiora- 
tion  shall  desire  to  erect,  change,  alter  or  repair  any  bviildino-  or 
structure  within  the  corporate  limits  of  the  city  of  Omaha,  he 
or  they  shall  make  application  at  the  office  of  the  building  in- 
spector for  a  permit  for  that  purpose,  which  application  shall 
state  the  exact  site  to  be  occupied,  giving  a  description  of  the 
property,  lot,  block  and  addition;  and  shall  state  the  material 
to  be  used,  dimensions  and  estimated  cost  of  the  proposed  build- 
ing or  structure,  and  the  probable  time  to  be  occupied  in  its  erec- 
tion; the  name  of  the  owner,  architect  and  the  contractor  or 
builder;  and  shall  also  state  if  it  is  desired  to  use  a  portion  of  the 
street  or  alley  adjoining  said  property,  for  the  purpose  of  deposit- 
ing building  nuiterial  during  the  erection,  alteration  or  repairing  of 
said  building,  and  if  it  is  desired  to  use  a  part  of  said  street  or 
alley,  a  permit  shall  be  secured  from  the  building  inspector,  as 
herein    provided. 

Street  use. 

Section  2.  Any  person  or  persons  intending  to  erect,  alter 
or  repair  any  Iniilding,  and  desiring  to  occupy  or  use  a  portion 
of  the  street  or  alley  adjoining  said  building,  shall  make  applica- 
tion to  the  building  inspector,  who  shall  issue  to  such  applicant 
a  permit  for  the  occupation  or  use  (for  building  purposes  only) 
of  such  portion  of  said  street  or  alley  as  may  be  required  by  said 
ai)plicant  upon  the  filing  by  said  applicant  of  a  good  and  suffi- 
cient })ond  to  guarantee  the  city  of  Omaha  against  loss  by 
reason  of  such  use  of  said  street  or  alley,  and  the  payment 
to  the  city  treasurer  of  a  fee  of  $2.00  for  each  month  or 
fractional  part  thereof  that  said  street  or  alley  is  to  be  by  them 
so  occupied.  In  case  of  a  dispute  between  the  applicant  for  a 
permit  and  the  building  inspector  as  to  the  estimated  cost 
of  the  proposed  building,  the  applicant  shall  file  with  the  building 
inspector  a  copy  of  the  complete  specifications  and  a  copy  of  the 
contract  for  the  proposed  buildhig,  both  of  which  shall  be  certified 
to  under  oath  bv  the  architect  and  contractor. 


144  RKV.I.SED    OUDIXAXCES. 

Any  person  apphung  for  a  building  permit  shall  pay  to  the 
city  treasurer,  before  such  permit  is  issued,  the  following  fee  for 
such  permit,  namely: 

In  case  the  estimated  cost  of  any  building  or  structure, 
or  the  alteration,  addition  or  repairs  to  any  building  or  structure 
shall  not  exceed  the  sum  of  $500.00,  the  fee  therefor  shall  be  50 
cents;  for  over  $500.00  and  not  exceeding  $2,500.00,  the  fee  shall 
be  $2.00;  for  over  $2,500.00  and  not  exceeding  $5,000.00,  the  fee 
shall  be  $4.00;  for  over  $5,000.00  and  not  exceeding  $7,500.00, 
the  fee  shall  be  $6.00;  for  over  $7,500.00,  and  not  exceeding  $10.- 
000.00.  the  fee  shall  be  $8.00;  and  for  each  additional  $1,000.00, 
after  the  first  $10,000.00,  the  applicant  shall  pay  an  additional 
50  cents  for  each  $1,000.00,  or  fractional  part  thereof,  up  to  $100.- 
000.00.  After  the  first  $100,000.00  the  fee  shall  be  25  cents  for 
each  $1,000.00,  or  fractional  part  thereof. 

Inspect  plans — Fee. 

Section  3.  The  said  inspector  shall  not  give  a  permit  for  the 
erection  of  any  building  until  he  has  carefully  inspected  the  plans 
and  specifications  therefor,  ascertained  that  the  building  has 
sufficient  strength,  and  that  the  means  of  ingress  and  egress  are 
sufficient;  and  no  permit  shall  be  issued  until  the  applicant 
shall  have  paid  to  the  city  treasurer  the  recpured  fee.  A  copy  of 
the  general  drawings  in  ink  or  print,  and  specifications  of  every 
building,  shall  be  deposited  in  the  office  of  the  building  inspector 
before  the  permit  is  issued  and  shall  remain  in  said  office  perma- 
nently. 

Revocation  of  permit. 

Section  4.  Should  the  building  inspector  believe  that  any 
work  is  not  being  executed  according  to  the  representations  of 
the  person  applying  for  the  permit  for  same,  or  is  being  prosecuted 
in  violation  of  the  provisions  of  this  ordinance,  it  shall  be  his 
duty  to  revoke  said  permit  and  to  order  the  owner,  agent  or  con- 
tractor to  at  once  stop  such  work  until  such  tinie  as  he  is  ready 
to  proceed  in   accordance  with  the  provisions  of  this  ordinance. 

Alteration  of  building. 

Section  5.  No  building  shall  be  altered  until  it  has  been 
examined  and  approved  by  the  inspector  as  being  in  good  and 
safe  condition  to  be  altered  as  proposed,  and  the  alteration  so 
uxade  shall  conform  to  the  provisions  of  tiiis  chapter. 


REVISED    ORDINANCES.  145 


Permit. 


Section  6.  No  wall  of  any  building  shall  be  cut  off  or  altered 
without  a  permit  having  been  first  obtained  from  the  inspector. 

Fire  escapes. 

Section  7.  Every  wall,  structure  or  building  hereafter  built 
or  altered  in  the  city  of  Omaha  shall  conform  to  the  provisions  of 
this  ordinance;  and  no  building  shall  be  erected  without  the 
provision  of  sufficient  ways  of  egress  and  other  means  of  escape 
from  fire,  i)r()perly  located  and  constructed,  and  no  change  shall  be 
made  in  the  plans  or  specifications  of  such  ways  of  egress  or  means 
of  escape  unless  a  permit  is  obtained  therefor.  Said  inspector  may 
require  that  proper  fire  stops  shall  be  provided  in  the  floors,  walls 
and  partitions  of  such  buildings,  and  may  make  such  further 
requirements  as  may  be  necessar}'-  or  proper  to  prevent  the  spread 
of  fire  therein  or  its  communication  from  any  steam  boiler  or 
heating  apparatus;  and  no  pipe  for  conveying  hot  air  or  steam 
in  such  building  shall  be  placed  nearer  than  one  inch  to  any  wood 
work  ludess  protected  to  the  satisfaction  of  the  inspector  by 
suitable  guards  or  casings  of  incombutsible  material,  and  no 
wooden  flue  or  air  duct  for  heating  or  ventilating  purposes  shall 
be  placed  in  any  such  building. 

Inspector  enter  premises. 

Section  S.  The  inspector  or  his  assistants  may  as  far  as 
necessar}^  for  the  performance  of  their  duties,  enter  any  building 
or  prenuses  within  the  corporate  limits  of  the  city  of  Omaha. 

Definitions. 

Section  9.  In  this  chapter  the  following  terms  shall  have 
the  meanings  assigned  to  them,  to  wit: 

"Brick  buildings"  means  biuldings,  the  walls  of  which  are 
built  of  brick,  stone  or  other  substantial  and  incombustible  ma- 
terial. 

"Cellar"  means  a  basement  or  lower  story  of  any  building 
of  which  one-half  or  more  in  height  from  the  lower  floor  to  the 
ceiling  is  below  the  maindevel  of  the  street  adjoining. 

'Tarty  wall"  means  a  wall  used  or  built  in  order  to  be  used 
as  a  separation  of  two  or  more  buildings. 

"  External  Wall"  means  an  outer  wall  or  vertical  inclosure 
of  a  building,  other  than  a  party  wall. 


146  RKVISKD    ORDIXAXCES. 

"Foundation"  means  that  portion  of  a  bnildinc;  from  tlie 
bottom  footings  to  first  floor. 

* '  Inspector"  means  the  buihling  inspector  of  the  city  of 
Omaha. 

''Lodging  house"  means  a  buikling  in  which  persons  are 
temporarily  accommodated  with  apartments,  and  includes  hotels. 

"Division  walls"  means  interior  walls  of  masonry  in  buildings. 

' '  Public  buildings"  means  any  building  used  as  a  church, 
chapel  or  other  place  of  worship,  and  any  building  used  as  a 
college,  school,  public  hall,  hospital,  theatre,  public  concert  hall, 
public  lecture  room  or  for  any  public  assemblage. 

"Tenement  house"  means  a  building  which  or  any  portion 
of  which  is  to  be  occupied  or  is  occupied  as  a?  dAvelling  by  more 
than  three  families  living  independently  of  one  another,  and  doing 
the  cooking  upon  the  premises,  or  by  more  than  two  families  above 
the  second  floor,  so  living  and  cooking. 

"Wooden  building"  means  a  wooden  or  frame  building. 

The  height  of  a  wall  means  the  height  from  the  main  grade 
of  the  sidewalk  or  adjoining  ground  to  the  highest  point  of  the  wall. 

The  thickness  of  a  wall  means  a  minimum  thickness  of  such 
wall. 

Cement  mortar  means  a  i)roper  portion  of  cement  and  sand 
without  the  admixture  of  lime. 

Test. 

Section  10.  Tn  all  calculations  for  the  strength  of  materials 
the  proportion  between  safe  weight  and  breaking  weight  shall 
be  as  one  to  four  for  all  nuMubers  subjected  to  a  cross  strain,  and 
as  one  to  six  for  all  vertical  supports  and  members  subjected  to 
a  tensile  strain. 

Thickness  of  walls. 

Section  11.  In  the  erection  and  alteration  of  any  building, 
the  material  of  which,  in  whole  or  in  part,  is  other  than  brick, 
stone  or  wood,  the  thickness  of  the  walls  of  such  nuiterial  and  the 
method  of  construction  shall  be  such  as  the  inspector  shall  approve. 

External  and  party  walls. 

Section  12.  All  buildings  in  said  city,  to  be  used  for  tene- 
ment houses  or  lodging  houses,  and  all  buildings  for  any  purpose 
within  the  fire  limits,  except  as  otherwise  specially  provided,' shall 


KKVISED    ORDINANCES.  147 

have  external  and  party  walls  of  brick,  stone,  iron  or  other  sub- 
stantial or  incombustible  material,  and  shall  be  subject  to  all 
requirements  for  a  ''brick  building"  except  as  otherwise  expressly 
stated. 

Foundations. 

Section  13.  Every  brick  building  exceeding  one  story  in 
height,  hereafter  built  in  said  city,  shall  be  built  upon  a  founda- 
tion resting  not  less  than  three  feet  below  the  surface  exposed 
to  frost,  upon  the  solid  ground,  or  leveled  surface  of  solid  rock, 
or  upon  piles,  concrete  or  other  solid  sub-structure. 

Excavations,  notice  to  adjoining  owner. 

Section  14.  Whenever  any  excavation  in  the  city  of  Omaha 
is  to  be  made  for  any  building  or  other  purpose,  and  there  shall  be 
any  wall  or  other  structure  wholly  or  partly  on  adjoining  land  or 
near  the  intended  excavation,  the  party  causing  such  excavation 
to  be  made  shall  notify  the  agent  or  owner  of  asid  adjoining  premi- 
ses of  such  intended  excavation,  and  of  the  depth  it  is  proposed 
to  be  made,  and  the  owner  of  said  adjoining  premises  shall  have 
the  right  to  enter  upon  the  premises  of  the  party  causing  the 
excavation  to  be  made,  for  the  purpose  of  securing  his  building, 
and  at  such  times  as  he  may  be  notified  to  do  so  by  the  building 
inspector,  and  upon  receipt  of  such  notice  he  shall  immediateh^ 
proceed  to  make  such  building  secure. 

Piles. 

Section  15.  When  piles  are  used  for  foundation  purposes 
they  shall  oe  sound  and  straight. 

Foundations. 

Section  16.  Proper  foundations  of  masonry  shall  be  prepared 
for  the  support  of  all  l)uildings.  The  breadths  of  the  foundation 
of  the  several  parts  of  any  building  shall  be  ])roportioned  so  that 
as  nearly  as  practicable  the  pressure  shall  be  equal  on  each  sc|vuire 
foot  of  the  foundation.  Cement  nu)rtar  «hall  be  used  in  the  ma- 
sonry below  grade  line  in  all  l.rick  buildings  exceeding  one  story  in 
height.  As  soon  as  the  walls  of  any  biiilding  are  built  above  the 
grade  of  the  street  or  lot,  it  shall  l)e  the  duty  of  the  contractor  or 
owner  to  have  the  space  on  th(!  outside  of  said  walls  filled  uj)  in  a 
substantial  manner,  aiul  if  said  building  is  erected  on  or  near  any 


14S 


REVISED    ORmNANCES. 


alley  line,  and  the  alley  is  paved,  it  shall  also  be  the  duty  of  the 
contractar  or  owner  to  grout  said  space  and  replace  any  pavement 
impaired  or  removed  in  a  thorough  and  substantial  manner  as 
soon  as  said  wall  is  above  grade. 

Walls,  composition  of. 

Section  17.  All  brick  walls  and  buttresses  shall  be  of  well 
burned  and  well  shaped  merchantable  brick,  well  laid  in  lime  or 
cement  mortar  and  well  flushed  up  at  every  course,  and  all  brick 
used  in  warm  weather  shall  be  wet  at  the  time  they  are  laid.  The 
top  of  all  brick  walls  must  be  finished  with  eitlier  a  stone,  tile, 
terra  cotta  or  iron  coping. 

All  walls  of  brick,  stone  or  similar  material  shall  be  thoroughly 
and  practically  bonded  and  tied  and  solidly  put  together;  shall 
be  built  to  a  line,  plumb  and  straight,  and  all  supports  of  the 
same  shall  be  of  iron,  brick  or  stone  and  of  sufficient  size  and 
strength  to  support  the  superstructure. 

The  thickness  of  brick  walls  of  all  business,  manufacturing, 
and  public  buildings  shall  not  be  less  than  the  number  of  inches 
shown  in  the  following  table,  to  wit: 


>i 

>i 

>i 

a 

>> 

>> 

>. 

>. 

>. 

>> 

u 

>> 

>> 

u 

u 

^ 

u 

o 

o 

Outside,  Party  and  Division 
Walls 

a 

o 

o 

Si 

K 

35 

s 

OQ 

» 

J3 

CO 

J3 

CO 

.^ 

J3 

.a 

^ 

.a 

•  J3 

r^ 

^ 

16 

12 

IN 

n 

•* 

in 

o 

t- 

00 

05 



1  Story 

2      "       

16 
16 
20 
24 
24 
24 
28 
28 
28 
32 
32 

12 
16 
16 
20 
20 
20 
24 
24 
24 
28 
28 

12 
12 
16 
16 
20 
20 
20 
24 
24 
24 
28 

12 

12 
16 
16 
20 
20 
20 
24 
24 
24 

12 
12 
16 
16 
20 
20 
20 
24 
24 

12 
12 
16 
16 
20 
20 
20 
24 

16 
16 
16 
20 
20 
20 

12 
16 
16 
16 
20 
20 

12 
16 
16 
16 
20 

12 
16 
16 
16 

12 
16 
16 

12 
16 

3      "      

4      "       

5      "       

6      "       

7       "       

8       "       

9       "       

10      "       

11       "       

12       "       

1? 

RKVISED    OUDIXAN'CF.S. 


149 


All  brick  or  stone  buildinj:;s  having  the  first  story  or  basement 
and  first  story  designed  for  business  purposes  and  the  upper  stories 
for  dwellings,  shall  have  all  walls  of  a  thickness  not  less  than' the 
number  of  inches  shown  in  the  following  table,  to  wit : 


Brick  Walls  and  Dwellings 

1 
1 

« 

16 
16 
20 
20 
20 
24 
24 
24 
28 
28 
32 

t-, 

02 

12 
12 
16 
16 
20 
20 
24 
24 
24 
24 
28 

o 

■a 

(N 

8 
12 
12 
16 
16 
20 
20 
20 
24 
24 
24 

5 
•c 

CO 

12 

12 
12 
16 
16 
20 
20 
20 
24 
24 

o 
St 

12 
12 
12 
16 
16 
20 
20 
20 
24 

1 
CO 
M 

■c 

12 
12 
12 
16 
16 
20 
20 
20 

& 

o 

12 
12 
12 
16 
16 
16 
20 

o 

12 
12 
12 
16 
16 
16 

1 

00 

12 
12 
12 
16 
16 

p 
& 

12 
12 
12 
16 

o 
& 

Xi 

o 

12 
12 
12 

o 

12 

12 

c 

2  Story 

3   "   

4   '■   

5   "   

6   ■■   

7   "   

8   "   

9   "   

10   "   

11   "   

12   "   

12 

The  above  table  shall  apply  to  all  walls  of  sixty  feet  and 
under  in  length:  walls  exceeding  sixty  feet  in  length  shall  not 
be  allowed  to  have  more  than  two  upper  stories  twelve  inches 
thick,  and  no  eight  inch  wall  will  be  permitted  on  a  building  more 
than  sixty  feet  in  length.  And  brick  or  stone  dwelling  houses 
shall  have  walls  of  a  thickness  not  less  than  the  number  of  inches 
shown  in  the  following  table,  to  wit: 


Brick  Walls  for  Dwellings 


1  Story. 


9 
10 
11 
12 


c 
F 

b 

^ 

>> 

>, 

b 

b 

>. 

b 

>. 

o 

b 

o 

o 

?n 

QQ 

m 

CQ 

m 

CQ 

WJ 

CO 

^ 

jg 

^ 

.^ 

■V 

■C 

M 

^ 

J3 

M 

ja 

0Q 

"^ 

<£> 

t^ 

00 

a> 

'^ 

12 

8 

16 

12 

8 

16 

12 

12 

12 

16 

16 

12 

12 

12 

20 

16 

16 

12 

12 

12 

20 

16 

16 

16 

12 

12 

12 

24 

20 

16 

16 

16 

12 

12 

12 

24 

20 

20 

16 

16 

16 

12 

13 

12 

24 

20 

20 

20 

16 

16 

16 

12 

12 

12 

28 

24 

20 

20 

20 

16 

16 

16 

12 

12 

12 

28 

24 

24 

20 

20 

20 

20 

16 

16 

12 

12 

12 

32 

28 

24 

24 

20 

20 

20 

20 

16 

16 

12 

12 

12 


The  above  table  shall  apply  to  all  walls  forty-four  feet  and 
under  in  length;  when  over  forty-four  feet  in  length  such  walls 
shall  not  be  allowed  to  have  more  than  two  upper  stories  twelve 
inches  thick,  and  no  eight-inch  wall  will  be  permitted  on  a  building 
more  than  fortA^-four  feet  in  length. 


150  KEVISKD    ORD]  NANCES. 

Cornices. 

Section  1<S.  Where  a  wall  is  finished  with  a  stone  cornice, 
the  greatest  weio;ht  of  material  of  such  cornice  shall  be  on  the 
inside  of  the  face  of  the  wall,  so  that  the  cornice  shall  firmly  balance 
upon  the  wall. 

Party  walls. 

Section  19.  Every  party  wall  shall  be  built  through  and  at 
least  eighteen  inches  above  the  roof  boarding  at  least  twelve 
inches  thick,  and  where  wall  projections  occur  at  the  ends  of 
mansard  roofs  they  shall  be  entirely  covered  with  metal  or  stone 
coping,  securely  fastened  and  corbelled  to  the  outer  edge  of  all 
projections;  or  a  gutter  stone  of  suitable  dimensions  and  properly 
balanced  may  be  inserted  in  place  of  the  corbelling. 

Party  walls. 

Section  20.  All  roof  or  floor  timbers  entering  the  same 
party  wall  from  opposite  sides  shall  have  at  least  four  inches  of 
solid   -jrick  between  the  ends  of  said  tin.ibers. 

Internal  and  party  walls — thickness  of. 

Section  21.  In  all  brick  buildings  over  twenty-five  feet  in 
width  not  having  either  brick  partition  walls  or  girders  supported 
by  columns  running  from  front  to  rear  and  the  entire  height  of 
the  building,  the  internal  and  party  Avails  shall  be  increased  four 
inches  in  thickness  for  every  additional  twenty-five  feet  or  frac- 
tional part  thereof,  in  the  width  of  said  building. 

Height  of  buildings. 

Section  22.  No  building  hereafter  erected,  except  churches 
and  grain  elevators,  shall  exceed  a  greater  height  than  ninety 
feet  to  the  highest  point  from  the  level  of  the  sidewalk  exclusive 
of  chimneys  and  party  walls  above  the  roof,  unless  constructed 
throughout   of  incombustible   material,   excepting   interior  finish. 

Recess  in  party  walls. 

Section  23.  No  continuous  vertical  recess,  chase  or  flue 
shall  be  made  in  any  party  wall  so  deep  that  it  will  leave  the  thick- 
ness of  the  back  less  than  eight  inches  at  any  point,  and  no  hori- 
zontal recess  shall  be  made  in  any  wall  except  by  a  special  permit 
from   the   inspector. 


Hi;\isi;i)  oKiuxAXc'Ks.  151 

Stores,  blocks,  apartment  houses,  etc. 

Section  21.  All  l)rick  blocks  to  be  used  as  stores  and  flats 
shall  have  division  walls  of  brick,  not  to  exceed  fifty  feet  apart, 
to  extend  through  the  roof,  and  at  least  one  fire-proof  partition 
I'unning  from  front  to  rear  to  be  supported  upon  iron  or  steel 
girders,  and  either  fire-proof  or  ])roperly  fire-proofed  vertical 
su])[)orts. 

The  stairway  shall  be  emdcjsed  with  brick  walls  or  other 
incombustible  material  approved  by  the  l)uilding  inspector.  All 
brick  buildings  to  be  used  as  dwellings,  tenements  or  lodging 
houses  in  excess  of  thirty  feet  in  width  shall  have  brick  division 
walls  to  extend  through  the  roof:  said  walls  shall  be  not  more 
than   twenty-five  feet  apart. 

In  all  apartment  houses  the  dividing  walls  or  partitions 
between  the  appartments  provided  for  each  family  shall  be  made 
entirely  of  incombustible  material,  or  of  stud  partitions  filled  the 
full  thickness  and  height  with  mineral  wool  or  other  incombus- 
tible material  ecjually  as  good,  and  plastered  on  metal  lath.  In 
the  absence  of  definite  subdivisions  between  the  apartments  of 
different  families,  eight  rooms  shall  be  counted  as  the  ecjuivalent 
of  one  apartment.  In  boarding  houses,  lodging  houses  or  hotels, 
ninety  feet  or  less  in  height,  there  shall  be  for  every  eight  rooms 
in  any  one  story,  dividing  walls  or  partitions,  as  described  above, 
separating  these  eight  rooms  from  the  contiguous  spaces.  All 
hotels,  lodging  or  tenement  houses,  apartment  houses,  boarding 
houses  and  pul  lie  buildings  three  stories  and  more  in  height, 
and  not  built  absolutely  fire-proof,  shall  have  a  semi-fireproof 
ceiling  to  each  floor,  constructed  as  follows :  Furr  below  the  bot- 
tom of  each  joist  longitudinally  with  a  metal  furring  strip  not  less 
tnan  one  inch  wide,  said  strip,  if  corrugated,  to  be  of  No.  12  band 
iron,  and  if  not  corrugated,  of  No.  10  band  iron.  After  fastening 
said  furring  strips,  lath  the  ceiling  with  metal  lath  and  fill  on  top 
of  lath  with  two  inches  of  mineral  wool,  asbestos  or  other  fire- 
proof material,  as  approved  by  the  building  inspector.  Said 
metal  strips  and  lath  to  be  fastened  in  place  by  staples  long  enough 
to  drive  at  least  one  inch  into  joists.  Porous  tile  may  be  sub- 
stituted for  the  above. 

Partition  walls. 

Section  25.  Every  brick  building  erected  more  than  thirty 
feet  in  width,  except  dwelling,  tenement  or  lodging  houses,  public 


152  EEVISED    ORDINANCES. 

houses,  railroad  stations  and  stables,  shall  have  one  or  more  briclv 
or  stone  partition  walls  running  from  front  to  rear  and  carried 
up  the  full  height  of  the  building;  said  wall  or  walls  may  be  four 
inches  less  in  thickness  than  is  called  for  by  the  provisions  relat- 
ing to  thickness  of  external  walls  for  brick  buildings  to  be  used 
for  the  same  purpose,  unless  the  wall  is  used  for  a  floor-bearing 
wall,  which  shall  be  so  located  that  the  space  between  any  two 
of  the  floor-bearing  walls  of  the  building  shall  not  be  over  twenty- 
five  feet. 

Division  walls. 

Section  20.  A  construction  of  girders  and  beams  may  be 
substituted  for  division   walls,  except  as  otherwise  provided  for. 

Walls. 

Section  27.  Walls  may  be  made  with  a  facing  of  stone  or 
other  approved  material,  securely  tied  to  a  backing  of  not  less 
than  eight  inches  of  hard  brick  work  laid  in  morter,  by  means 
of  metal  clamps;  but  the  thickness  of  the  facing  and  backing, 
taken  together,  shall  not  be  less  than  the  thickness  required  for 
a  brick  wall  of  the  same  height. 

Wood,  Lintels. 

Section  28.  All  wood  lintels  for  interior  construction  used 
to  support  walls  or  other  weights  over  openings  for  doors  and  win- 
dows not  to  exceed  eight  feet  wide,  shall  be  of  sufficient  strength 
bearing,  to  carry  the  superimposed  weight,  and  shall  be  champed 
at  each  end  having  double  rowlock  or  bonded  arch  turned  over 
the  said  wood  lintels  where  brick  walls  are  supported  by  lintels. 

Iron  lintels. 

Section  29.  All  iron  lintels  used  to  support  walls  or  other 
weight  over  openings  shall  be  of  sufficient  strength  and  bearing 
to  carry  the  superimposed  weights,  and  iron  beams  or  lintels 
shall,  when  supported  at  the  end  of  brick  walls  or  brick  piers, 
rest  upon  an  iron  plate  not  less  than  one  inch  in  thickness  and  of 
sufficient  size  to  give  ample  bearing  support  on  walls  and  piers. 
All  arches  not  having  sufficient  piers  or  abutments  to  resist  the 
thrust  of  the  superimposed  loads  shall  have  proper  and  sufficient 
iron  ties. 


RKVISKI)    ORDINANCES.  153 

Walls,  height  of. 

.St'ctioii  oO.  No  side  wall  of  a  brick  buidino-  shall  be  carried 
up  in  advance  of  the  rear  wall  and  no  part  of  any  brick  wall  shall 
be  carried  up  higher  than  eiaht  feet  above  another  i)art  of  the 
same  wall. 

Walls,  anchors,  doors,  ways. 

Section  31.  All  walls  of  a  brick  building  on  which  the  ends 
of  joists  rest  shall  be  anchored  at  each  tier  of  joists  at  intervals 
not  more  than  six  feet  apart  with  good  strong  wrought  iron  anchors 
at  least  one  and  one-half  by  one-fourth  inch,  well  built  into  the 
walls  and  fastened  at  the  top  of  the  joists,  and,  where  the  joists 
are  supported  by  girders,  the  ends  of  the  joists  resting  on  the 
girders  shall  be  butted  together  end  to  end  and  strapped  witli 
wrovight  iron  straps  or  tie  irons  at  the  same  distance  apart  and 
in  the  same  joists  at  the  wall  anchors.  No  nails  or  spikes  shall 
be  used  in  wall  anchors  and  the  ends  of  anchors  shall  ])e  notched 
at  least  one  inch  into  joists  on  top. 

No  opening  or  doorway  shall  be  cut  through  a  part}-  wall 
or  a  brick  building  without  a  permit  from  the  building  inspector, 
and  every  such  doorway  shall  have  top,  bottom  and  sides  of  stone, 
brick  or  iron;  shall  be  closed  with  two  sets  of  wrought  iron  or 
metal  covered  doors  separated  by  thickness  of  the  wall,  hung  to 
rabbetted  iron  frames  or  to  wooden  frames  entirely  covered  with 
metal,  to  iron  hinges  in  brick  or  stone  rabbets;  shall  not  exceed 
ten  feet  in  height  by  eight  in  width ;  and  any  opening  other  than 
a  doorway  shall  be  protected  in  a  manner  satisfactory  to  the 
inspector. 

Cornices. 

Section  32.  All  cornices  other  than  brick  on  brick  buildings 
shall  be  secured  to  the  walls  with  iron  anchors  independently  of 
any  wood  work;  the  wall  shall  be  carried  up  above  the  roof  to 
the  top  of  the  cornice  and  covered  with  metal. 

Brick  piers. 

Section  33.  Brick  piers  under  hntels,  girders  or  cohimns  of 
brick  buildings  shall  have  a  cap  iron  at  least  one  inch  thick  of 
sufficient  size  or  its  equivalent. 


154  RKVISi;i)    OKDIX.VNCKS. 

Brick  piers. 

Section  34.  All  brick  piers  under  lintels,  girders  or  columns 
of  brick  buildings  shall  be  built  of  the  very  best  quality  of  good, 
well-burned,  hard  brick,  and  well  wet  when  laid  in  warm  weather, 
and  shall  be  bonded,  leveled  and  bedded  each  course,  and  all 
shoved  joints  laid  in  cement  mortar. 

Metal  Columns. 

Section  35.  Every  metal  column  in  a  brick  building  shall 
rest  on  an  iron  plate  of  ample  strength  not  less  in  thickness  than 
one  inch  for  one  or  two  story  buildings,  one  and  one-half  inch  for 
three,  four  or  five  story  buildings,  and  not  less  than  two  inches 
for  all  buildings  over  five  stories. 

Metal  columns  placed  one  on  top  of  another  shall  have  a 
plate  at  the  top  of  each  column  with  projections  on  both  sides  to 
fit  into  cap  and  base  of  column  to  prevent  slipping,  or  if  plates 
are  not  used  they  shall  be  bolted  together.  All  bearing  parts  of 
columns  and  plates  shall  be  planed  or  turned  to  true  surface. 

Chimneys. 

Section  36.  All  chimneys  hereafter  built  of  brick  or  stone  in 
frame  buildings  shall  be  lined  with  fire-proof  flue  lining,  the  same 
to  run  from  the  bottom  of  chimney  to  two  inches  above  the  top 
of  chimney.  No  chimney  shall  be  allowed  to  bear  or  rest  upon 
wood.  All  chimneys  in  frame  buildings  must  be  started  at  the 
foundation  and  run  true  and  plumb  from  bottom  to  top.  Provided, 
however,  that  the  building  inspector  may,  at  his  discretion,  per- 
mit small  chimneys  to  be  built  on  brackets. 

Brick  flues — Chimneys. 

Section  37.  All  brick  flues  shall  hereafter  be  built  of  good 
well  burned,  well  shaped,  merchantable  brick  thoroughly  slushed, 
with  joints  struck  inside  throughout,  and  shall  be  securely  built 
into  the  brick  work  of  the  walls  to  which  they  are  hung.  Chimneys 
on  flat  roofs  shall  be  not  less  than  three  feet  above  the  point  of 
contact,  and  on  sloping  roof  between  the  outside  wall  and  ridge 
shall  be  built  up  to  the  ridge  line,  and  chimneys  built  through  the 
ridge  not  less  than  one  foot  above.  All  chimneys  shall  be  capped 
with  stone,  iron  or  terra  cotta  properly  secured.  In  no  case  shall 
a  nail  be  driven  into  the  walls  of  any  flue  less  than  eight  inches 
thick.     All  withes  between  flues  shall  be  bonded  to  the  shell  with 


REVISED    ORDINANCES.  155 

headers  at  least  every  sixth  course.     Flues  of  ranges,  boilers,  ovens 
and  furnaces  shall  have  no  wood  work  within  one  inch  of  same. 

Chimneys  and  ventilating  flues. 

Section  88.  All  floor  timbers,  headers  and  trimmers  of  every 
brick  building  hereafter  erected  or  altered  in  which  a  chimney 
or  ventilating  flue  is  to  be  built  in  a  brick  wall  shall  be  placed  at 
least  two  inches  from  the  outside  of  same,  and  the  space  between 
such  timbers  and  the  brick  work  of  the  chimneys  or  ventilating 
flue  shall  be  closed  by  a  proper  fire  stop  of  incombustible  material. 

Hearths  and  grates — Hot  air  pipes — Woodwork. 

Section  39.  All  hearths  shall  be  supported  by  trimmer  arches 
of  brick  or  stone,  or  l)e  of  single  stones,  at  least  four  inches  thick, 
and  properly  supported,  one  end  of  which  shall  be  securely  built 
into  masonry  of  chimney  or  adjoining  wall.  The  brick  jambs  of 
every  fire  place,  range  or  grate  opening,  must  be  at  least  eight 
inches  wide,  and  backs  of  such  openings  must  be  at  least  two 
feet  above  such  openings;  all  such  hearths  and  supports  shall  be 
at  least  twelve  inches  longer  on  each  end  than  the  width ''of  such 
openings,  and  at  least  eighteen  inches  wide  in  front  of  the  chimney 
breast.  Brick  work  over  fire  places  and  grate  openings  shall  be 
supported  by  proper  iron  bars  or  brick  or  stone  arches. 

In  no  case  shall  a  hot  air  pipe  be  put  in  unless  the  studding 
are  at  least  two  by  six  inches  in  size.  The  inside  heating  pipe 
shall  be  made  oval,  of  sheet  metal,  with  braces  not  less  than  two 
feet  apart  on  each  side  and  end,  to  extend  not  less  than  one-half 
inch.  The  outside  casing  pipe  shall  be  made  rectangular  or  oval, 
of  sheet  metal,  and  in  no  case  shall  it  be  allowed  to  touch  the 
inside  pipe.  In  no  case  shall  hot  air  pipes  be  put  up  without  a 
shoe  properly  connected  in  the  cellar.  The  shoe  shall  go  one 
inch  below  the  joists.  Where  the  shoe  comes  through  the  floor 
and  sill  it  shall  be  lined  with  two  thicknesses  of  tin,  or  made  double 
throughout,  with  braces  as  above  specified.  If  lined,  the  first 
thickness  shall  be  corrugated,  the  second  flat  surface.  In  no  case 
shall  a  hot  air  register  be  set  in  without  a  border  of  incombustible 
material  either  in  wall  or  floor.  In  no  case  shall  a  hot  air  register 
come  in  contact  with  wood. 

The  woodwork  around  wall  register  boxes  shall  be  lined  with 
two  thicknesses  of  tin;  the  first  to  be  corrugated,  the  second  to 
be  flat  surface.    The  joists  on  each  side  of  the  floor  register  box  or 


156  REVI^^ED    ORDINAXCKS, 

headers  shall  be  lined  with  two  thicknesses  of  tin  as  stated  above 
for  register  boxes,  or  may  be  double  with  an  air  space  not  less 
than  one  inch  and  braces  put  in  between,  so  as  to  prevent  the 
outside  box  from  touching  the  inside  box. 

In  no  case  shall  an  outside  boxe  have  a  bottom.  All  portable 
furnaces  shall  have  doul)le  casings  with  air  chambers  between  of 
not  less  than  one  inch.  All  connecting  pipes  from  furnaces  to 
registers  within  one  inch  of  woodwork  shall  be  lined  with  corru- 
gated tin.  When  the  smoke  pipe  comes  through  a  partition  or 
floor  it  must  have  at  least  four  inches  of  incombustible  material 
between  pipe  and  wood,  and,  if  of  metal,  a  triple  thimble  must 
be  used. 

Boilers. 

Section  40.  The  top  of  boilers  in  smy  buildings  other  than 
public  buildings,  not  less  than  three  feet  from  the  ceiling,  shall 
be  covered  with  galvanized  iron  or  tin  covering,  extending  one 
foot  beyond  the  boiler  in  all  directions  and  suspended  by  metal 
hangers  at  least  two  inches  from  ceiling.  If  nearer  than  three 
feet,  the  ceiling  to  be  covered  with  fire-proof  material  other  than 
metal.  Any  boiler  wdthin  one  foot  of  ceiling  shall  have  shield 
also;  the  measurements  to  be  taken  from  the  highest  point  of 
the  boiler.  Every  boiler  room  in  any  p\iblic  building  shall  be  a 
fire-proof  room,  including  ceiling. 

Strength  of  floors. 

Section  41.  All  floors  shall  be  constructive!  to  bear  a  safe 
weight  per  superficial  foot,  exclusive  of  materials,  as  follows: 

For  armories,  drill  halls,  storage  warehouses.  . .  250  pounds 

Retail  stores 150  pounds 

Public  buildings 125  poimds 

Large  halls,  corridors,  rotundas,  etc.,  of  hotels,  125  pounds 

All  other  rooms  in  hotels 75  pounds 

Office  buildings 75  pounds 

Dwelling  houses 50  pounds 

In  all  warehouses,  store  buildings  and  public  buildings  here- 
after erected,  the  owner  or  owners  shall  post,  or  cause  to  be  posted, 
in  each  story,  a  notice  indicating  load  per  square  foot  that  may 
be  safely  imposed  on  the  floor  of  said  story.  Buildings  in  all 
parts  relating  to  the  floor  load  shall  be  of  the  strength  called  for 
in  the  foregoing  schedule. 


RKVISKIJ    OHDIXAXCKS.  157 

Headers,  tail  beams. 

Section  42.  Every  header  more  than  four  feet  long,  used  in 
any  l)iulding  except  a  dwelling,  shall  be  hung  in  stirrup  irons  of 
suitable  dimensions  for  the  size  of  the  timbers.  All  tail  beams 
shall  be  properly  tusktenoned,  or  hung  to  headers. 

Joice. 

Section  43.  The  ends  of  all  floor  joists  and  roof  joists  of 
l)rick  !>uildings  entering  a  wall  shall  be  cut  on  a  splay  of  three 
inches  in  their  width,  and  in  no  case  shall  rest  on  the  brick  wall 
more  than  four  inches. 

Partitions. 

Section  44.  All  niain  partitions  supporting,  in  any  manner, 
floor  beams  or  rafters  of  a  brick  building  shall  be  placed  over  each 
other,  shall  rest  directly  on  a  wall  or  girder,  and  shall  head  and 
foot  against  each  other  as  far  as  practicable. 

Dangerous  chimney,  etc. — Notice. 

Section  45.  If  any  chimney,  flue  or  heating  apparatus  of 
any  premises  shall,  in  the  opinion  of  the  building  inspector  or  his 
assistant,  endanger  the  premises,  he  shall  at  once  notify,  in  writing, 
the  owner  or  agent  of  said  premises.  If  such  owner  or  agent  fails, 
for  a  period  of  forty-eight  hours  after  the  service  of  such  notice 
to  make  such  chimney,  flue  or  heating  apparutas  safe,  he  shall 
be  liable  to  a  fine  of  not  less  than  twenty  ($20)  dollars  nor  more 
than  fifty  ($50)  dollars  for  every  day's  continuance  thereof. 

Smoke  pipe. 

Section  46.  Every  smoke  pipe  in  a  building  entering  a  chim- 
ney flue  shall  be  at  least  twelve  inches  from  every  wooden  floor, 
ceiling  or  stud  partition ;  shall  be  guarded  by  a  soap-stone  ring, 
brick  noggin  or  other  incombustible  material  of  not  less  than 
four  inches  in  thickness,  extending  through  the  floor  or  wood 
partition.  And  no  smoke  pipe  shall  project  through  any  roof, 
external  wall  or  window. 

Construction  of  smoke  pipes. 

Section  47.  The  smoke  pipe  of'  every  furnace  shall  be  kept 
at  least  one  foot  distant  from  all  beams  and  ceilings  not  protected 


158  REVISED    ORDINANCES. 

by  a  shield  or  tin  plate  at  least  two  inches  distant  from  all  beams 
or  ceilings;  and  no  smoke  pipe  shall  be  placed  nearer  than  twelve 
inches  to  any  beam  or  ceiling  unless  the  beam  or  ceiling  is  plastered, 
in  which  case  the  pipe  maj^  be  kept  within  six  inches  of  the  plaster- 
ing if  protected  by  the  above  described  shield;  and  the  top  of  all 
heating  furnaces  set  in  brick  shall  be  covered  with  non-combust- 
ible material,  supported  by  iron  bars,  and  so  constructed  as  to 
be  perfectly  tight;  said  covering  to  be  in  addition  to  and  not 
less  than  six  inches  from  the  ordinary  covering  to  the  hot  air 
chamber. 

Furnaces. 

Section  48.  No  furnace  and  no  range  set  in  masonry  shall 
hereafter  be  placed  or  its  location  changed  in  any  building  except 
as  the  inspector  shall  approve.  The  top  of  every  heating  furnace 
not  set  in  brick  shall  be  kept  at  least  twelve  inches  below  the 
beams  or  ceiling  with  a  shield  of  tin  plate  made  tight,  suspended 
not  less  than  two  inches  below  the  said  beams  or  ceiling  and  ex- 
tending one  foot  beyond  the  top  of  the  furnace  on  all  sides. 

Cutting  timbers  without  permit. 

Section  49.  No  floor  timber,  header  or  trimmer  of  a  brick 
building  shall  be  cut  into  more  than  two  inches  in  depth  for  piping 
without  permit  from  the  building  inspector,  and  np  cutting  shall 
be  made  in  any  timber  at  a  greater  distance  than  two  feet  from 
its  support. 

Strength — Temporary  support. 

Section  50.  Every  temporary  support  placed  under  any 
structure,  wall,  girder,  beam  or  column  during  the  erection,  finish- 
ing, altering  or  repairing  of  any  building,  or  part  thereof,  shall  be 
equal  in  strength  to  the  permanent  support  recjuired  for  such 
construction;  and  the  walls  and  roof  of  every  building  shall  be 
strongly  braced  from  the  beams  of  every  story  until  all  the  bear- 
ing parts  of  the  construction  are  completed,  unless  omitted  by 
consent  of  the  building  inspector. 

Bay  window,  projection  of — How  constructed. 

Section  51.  No  bay  window  or  other  structure  shall  be 
placed  upon  any  building  so  as  to  project  over  any  public  way 
or  square;    but  such  bay  or  oriel  window  ma}^  have  the  body  of 


REVISKI)    (_)KU1.\ANCES.  159 

the  same  project  not  more  than  two  feet  over  the  street  line, 
and  the  body  of  balconies  may  project  not  more  than  four  feet 
over  the  street  line.  Provided,  no  part  of  said  bay  or  oriel  window 
or  balcony  shall  be  less  than  twelve  feet  above  the  grade  of  side- 
walk. All  bay  or  oriel  windows  or  balconies  shall  be  constructed 
of,  or  covered  with,  incombustible  material  (if  within  the  fire 
hmits)  and  shall  be  strongly  and  substantially  supported.  Where 
awnings  are  attached  to  buildings,  the  framework  shall  be  metal, 
the  lower  part  of  which  shall  be  not  less  than  eight  feet  above  the 
sidewalk  and  curtain  shall  not  hang  down  more  than  eight  inches. 

Brick  buildings — Scuttle  frames. 

Section  52.  All  l:)rick  buildings  more  than  twenty  feet  in 
height  shall  have  scuttle  frames  not  less  than  two  by  three  feet 
in  size,  and  covers  or  bulkheads  and  doors  on  the  roof  made  of 
or  covered  with  some  incombustible  material;  and  every  scuttle 
shall  have  a  stationary  step-ladder,  and  every  bulk-head  shall 
have  stairs  furnished  with  a  sufficient  guard  or  hand-rail  ready 
for  use  at  all  times,  and  in  a  tenement  liouse  such  scuttle  or  bulk- 
head shall  never  be  locked,  but  may  be  fastened  by  a  hook  on 
the  inside. 

Fire-proof  doors. 

Section  53.  All  brick  Imiklings,  except  dwelling  houses, 
school  houses,  churches  and  all  strictly  fire-proof  buildings  shall 
have  fire-proof  doors  or  shutters  on  every  entrance  aiul  window 
on  the  rear  walls,  inner  walls  and  courts,  with  openings  within 
forty  feet  of  each  other;  such  shutters  to  be  constructed  to  the 
satisfaction  of  the  building  inspectoi-  and  chief  of  the  fire  depart- 
ment. 

Rain  water,  draining  of. 

Section  54.  The  roof  of  every  building  shall  be  kept  in  good 
repair,  and  all  rain  water  shall  be  so  drained  or  conveyed  there- 
from as  not  to  drip  on  the  ground  or  cause  dampness  in  the  walls, 
yard  or  area. 

Water  tight  leaders. 

Section  55.  All  buildings  inside  the  corporate  limits,  and 
every  building  hereafter  built  shall  be  provided  with  suital)le 
water-tight  leaders  for  conducting  the  water  from  the  roof  to  the 


160  HKVISIOD    ORDIXANCKS. 

ground,  and  all  water  shall  be  conducted  tVom  the  Iniildinj:  hi 
proper  and  secure  manner  to  the  sewer,  when  siudi  building  is 
located  inside  a  sewer  district;  there  being  no  sewer  on  the  premi- 
ses, the  conductor  pipes  shall  be  so  located  as  to  properly  carry 
the  water  to  the  street  or  alley  gutter,  and  the  whole  shall  be 
arranged  and  undei-  the  control  of  the  building  inspector. 

Fire  escapes. 

Section   56.     All   buildings   in   the   city   of   Onuiha   which    are 
fotir  or  more  stories  in  height,  except  such  as  are  used  for  private 
residences  exclusively,  but  including  flats  and  apartment  buildings, 
shall  be  provided  with  one  or  more  metallic  fire  ladders  and  stand- 
pipes   or   stair   fire   escapes   attached   to   the   outer   walls   thereof, 
and  to  have  landings  or  platforms  of  such  size  and  construction 
as   provided  for  in   this   ordinance.      All   such   fire  ladders   or  fire 
escapes  shall  be  located  on  the  building  in  such  ]iroximity  to  one 
or  more  windows  of  each  story  above  the  first,  as  to  render  access 
to   such   ladder  or  escape  from   such   story   easy   and   safe.     The 
buildings    shall    also    be    provided    with    one    or    more    automatic 
metallic   fire  escapes,   or  other  proper  device,   to  be  attached  to 
the  inside  of  said  buildings  so  as  to  afford  an  effective  means  of 
escape  to  all  occupants  who,   for  any  reason,   are  unable  to  use 
said  ladders  or  stairs;    the  number,   material,  location    and  con- 
struction  of  such   escapes  to  be  subject  to   the   approval  of  the 
l)uilding  inspector.      Provided,    however,   that   all  buildings   more 
than  two    stories  in  height  used  for  manufacturing  purposes  or  for 
hotels,  dormitories,  schools,  seminaries,  hospitals,  or  asylums  shall 
have  at  least  one  such  fire  escape  for  every  fifty  persons,  and  one 
such  automatic  metallic  escape  for  every  twenty-five  persons  for 
•which    working,    sleeping    or   living    accomodations    are    provided 
above  the  second  stories  of  s\u'h  buildings;    and  that  all  ]iublic 
halls  which  provide  seating-room  above  the  first  or  ground  story 
shall  be  provided  with  such  number  of  ladders  and  fire  escapes 
as  the  building  inspector  shall  require.     All  buildings  of  the  num- 
ber of  stories  and  used  for  the  purposes  set  forth  in  this  ordinance 
which  shall  be  hereafter  erected  in  this  city  shall,  upon  or  before 
their  completion,  each  be  provided  with  fire  escapes  of  the  kind 
and  number  and  in  the  manner  set  forth  in  this  ordinance.     It 
shall  be  the  tluty  of  the  building  inspector  to  serve  a  written  notice 
upon  the  owner  or  owners,  trustees  or  lessees,  their  agents,  or  the 
occupant  of  any  building  within  this  city  not  provided  with  fire 


HKxisKi)  <)i:i)i  .\A\(i;s.  161 

(>s('a])es  in  accordance  witli  the  i)i'()visi(nis  of  tliis  ordinnace  to 
place,  oi-  cause  to  be  placed,  upon  such  buildinji  such  fire  escapes 
as  provided  for  in  this  ordinance  within  thirty  days  after  the 
service  of  sucli  notice.  An}'  such  owner  or  owners,  tr\istee,  lessee 
or  occupant,  or  either  of  them  or  their  agents  so  served  with  such 
notice  as  aforesaid  who  shall  not,  within  sixty  days  after  the 
service  of  such  notice,  place  or  cause  to  be  placed  such  fire  escapes 
u])on  such  buildings,  as  re(iuired  by  this  ordinance  and  the  terms 
of  such  notice,  shall  be  subject  to  a  fine  of  not  less  than  ten  ($10) 
dollars  nor  more  than  one  hundred  ($100)  dollars  for  each  and 
every  such  offense,  and  shall  be  liable  to  a  like  fine  for  each  and 
every  day  such  offense  continues. 

Fire  escapes. 

Section  57.  All  fire  escapes  shall  he  permanently  and  securely 
fastened  to  buildings. 

Stairway  fire  escapes  for  three  story  buildings  shall  be  made 
with  one  or  more  landings  for  the  third  story  and  one  or  -more 
for  the  second  story.  Each  landing  shall  be  at  least  the  full  width 
of  the  windows,  and  not  less  than  twenty-four  inches  deep.  Said 
landings  thall  l)e  built  sufficiently  strong  to  support  at  least  three 
hundred  pounds  to  the  S(iuare  foot. 

Where  stairway  fire  escapes  are  located  outside  of  buildings 
at  the  end  of  a  hall- way,  one  of  the  two  balconies  reciuired  must 
be  a  double  balcony  of  sufficient  length  to  permit  of  an  easy  pitch 
for  stairs.  Stairway  fire  escapes  for  buildings  four  stories  or  more 
in  height  shall  have  landings  not  less  than  thirteen  feet  long, 
thirty  inches  wide  by  three  feet  six  inches  deep  at  each  end,  balance 
of  landing  to  be  twenty-one  inches  deep  to  allow  room  for  the 
stairways.  Said  landings  shall  be  supported  by  five  or  more  brack- 
ets made  of  wrought  iron  and  capable  of  sustaining  at  least  three 
hundred  pounds  to  the  square  foot.  Landings  made  in  sections 
shall  be  bolted  or  riveted  together  with  three  and  one-half  by 
five-sixteenths  inch  v\rought  iron  battons  underneath. 

For  buildings  where  it  is  more  convenient  to  have  szig-zag  or 
continuous  stairways,  such  fire  escapes  may  be  used,  the  landings, 
however,  shall  be  not  less  than  the  full  width  of  the  windows  and 
not  less  than  twenty-four  inches  deep.  Such  landings  shall  be 
supported  by  brackets  svifficient  in  luunber  to  sustain  the  same 
weight  per  foot  as  specified  for  the  larger  landings,  and  as  nearly 
as  possible  in  accordance  with  these  specifications. 


162  REVISED    ORDINANCES. 

All  landings  shall  be  made  of  five-eighths-inch  perforated  cast 
iron  framed  with  two  by  two  by  one-fourth-inch  angle  iron,  per- 
forations in  landings  to  be  one  and  one-fourth  inch  round  holes 
one  and  one-fourth  inches  apart  countersunk  underneath  to  allow 
the  snow  and  ice  to  escape,  and  to  have  rough  diamond  surface 
on  top.  Brackets  supporting  landings  shall  be  made  of  two  by 
one-half-inch  Avrought  iron,  made  in  a  triangular  form,  with 
strengthening  bar  against  the  wall  wherever  practicable,  and  all 
brackets  shall  be  welded  at  the  outer  end  and  bent  up  one  inch 
so  as  to  hold  the  landings  in  place;  said  brackets  shall  have  one 
inch  bolt  welded  on  top  piece  passing  through  wall  and  secured 
on  the  inside -with  nut  and  four-inch  square  washers  on  inside  of 
wall  at  least  two-eighths-inch  thick.  Brackets  shall  not  average 
more  than  three  feet  apart,  except  where  landings  are  four  feet 
or  less  in  length  when  two  brackets  made  as  above  specified  may 
be  sufficient. 

All  landings  shall  have  double  gas  pipe  railings  made  of  one- 
inch  gas  pipe,  and  shall  have  one  and  one-half-inch  gas  pipe  posts 
with  globe  fittings;  such  posts  shall  be  not  less  than  thirty  inches 
high  and  spaced  not  more  than  four  feet  apart,  and  be  bolted 
securely  to  the  landings.  More  ornamental  railings  may  be  used 
at  the  discretion  of  the  owners,  specifications  of  same  to  be  sub- 
mitted to  the  building  inspector  for  his  approval. 

Stairways  shall  be  fastened  securely  to  the  landings  and  have 
perforated  cast  iron  steps  with  rough  diamond  surface,  to  prevent 
slipping,  with  strengthening  ribs  of  two  one-half-inch  rods  under- 
neath on  both  edges.  Steps  shall  be  five-eighths-inch  thick  by 
six  inches  wide  by  twenty  inches  long,  bolted  to  side  stringers 
with  two  three-eighths-inch  bolts  at  each  end.  Stringers  shall  be 
not  less  than  four  by  three-eighths-inch  iron,  and  when  more  than 
sixteen  feet  long  shall  be  supported  by  brackets  made  as  above 
specified.  Steps  shall  be  spaced  so  as  to  make  about  eight-inch 
rise.  Stairways  shall  have  single  gas  pipe  railings  with  three  or 
more  wrought  iron  standards  to  support  same.  Iron  steps  made 
of  one-fourth  by  one-inch  wrought  iron,  six  inches  tread,  may  be 
used  instead  of  cast  iron. 

All  fire  escapes  shall  have  metallic  ladder  extending  from  the 
top  story  landing  to  three  feet  above  the  top  of  the  building, 
curving  over  the  roof  and  drop  ladder,  hoisting  ladder  or  stairway 
from  the  second  story  landing  to  the  ground.  Where  drop  ladder 
is  used  it  shall  be  a  balance  weight  ladder  hung  to  wall  by  a  chain 
running  over  a  ])ulley  securely  fastened. 


rp:vised  ordixancf.s.  163 

All  buildings  over  three  stories  high  shall  have  stand  pipe 
with  hose  valves  above  the  third  story  and  double  Siamese  auto- 
matic valve  at  the  bottom.  For  warehouses  and  other  buildings 
where  there  are  less  than  twenty-five  people  emploj^ed,  (provided 
females  are  not  employed  or  do  not  sleep  therein)  ladder  and 
stand-pipe  fire  escapes  may  be  erected  with  landings  extending 
full  width  of  the  window  and  not  less  than  twenty-six  inches  deep, 
frames  extending  thirty  inches  beyond  the  landing  to  support 
the  ladder  and  stand-pipe,  stand-pipe  and  ladders  to  be  placed 
to  the  side  of  the  window  opposite  the  wall  or  pier.  Landings  and 
brackets  shall  be  made  as  specified  for  stairway  fire  escapes.  All 
ladders  shall  be  made  of  one  and  one-fourth-inch  gas  pipe  for  side 
stiles,  seventeen  inches  apart,  with  one-half-inch  square  iron  rungs 
twelve  inches  apart,  riveted  and  placed  wath  edge  up.  Ladders 
shall  be  secureh''  fastened  to  landings  or  wall  not  less  than  eight 
inches  away  from  the  wall.  Stand-pipes  shall  be  three-inch  best 
lap-welded  pipe  fastened  to  landings  or  wall,  (or  both),  and  have 
valves  to  fit  the  fire  department's  hose. 

Steel  landings  ma}^  be  used,  provided  they  comply  with  the 
following  specifications: 

Landings  shall  have  two-inch  by  two-inch  bv  one-fourth-inch 
angle  iron  framing  all  around,  bolted  securely  to  the  brackets,  and 
have  gratings  made  of  one  and  one-half-inch  by  one-fourth-inch 
soft  steel  bars  placed  edge  up  and  one  inch  apart;  and  have  three- 
eighths-inch  round  cross  rods  not  more  than  eighteen  inches  apart 
with  nuts  at  each  end,  and  have  either  wrought  or  cast  iron  separat- 
ing rings  between  each  bar,  or  cross  bars  made  of  two-inch  by 
three-eighths-inch  iron  not  over  twenty  inches  apart,  with  floor 
bars  of  one-half-inch  square  iron,  one  and  one-half-inch  on  centers 
set  with  edge  up,  may  be  used,  said  gratings  to  be  bolted  securely 
to  the  angle  iron  frames.  Landings  specified  in  this  clause  shall 
correspond  in  size  with  the  cast-iron  landings,  previously  specifi.ed, 
and  brackets,  steps,  stringers,  railings,  ladders,  standpipes,  etc., 
mvist  be  similar  to  those  described  above. 

All  work  nuist  be  painted  with  not  less  than  two  coats  of  best 
mineral  ])aint,  and  all  holes  must  be  filled  up  with  the  V»est  cement. 
All  escapes  must  be  kept  in  thorough  repair  and  in  working  order, 
and  shall  be  painted  at  least  once  in  two  j^ears. 


164  uiaisi;i)  ouDJXAXCKs. 

Elevator  shafts,  doors  of. 

Section  5S.  All  openings  to  elevator  shafts  must  l>e  provided 
wih  fire-proof  doors.  Where  elevators  are  not  running  in  shafts 
they  must  be  pi'ovided  with  auonuitic  rails,  gates  or     trap    doors. 

Unsafe  buildings. 

Section  5!).  Every  building  which  shall  appear  to  the  V)uild- 
ing  inspector  to  he  specially  dangerous  in  case  of  fire,  decay,  bad 
condition  of  walls,  overloaded  floors,  defective  construction  or 
other  causes,  shall  be  held  to  be  unsafe.  The  owner  or  agent  of 
any  building  or  attachment  to  any  Iniilding  which  is  unsafe  and 
dangerous  shall,  within  two  days  after  receiving  notice  from  the 
building  inspector,  cause  the  same  to  be  made  safe  and  secure 
or  taken  down;  and  where  tlie  conditions  recpiire  immediate 
action  the  builcUng  inspector  may  enter  upon  the  premises  and 
cause  said  structure  to  be  secured  or  taken  (k)wu  without  dela}^ 
the  cost  thereof  to  be  assessed  and  become  a  lien  against  said 
property,  and  the  building  inspector  shall  make  out  certified  bills 
of  all  charges  incurred  and  present  the  same  to  the  city  comptroller. 
The  building  inspector  shall  also  affix  a  notice  of  the  dangerous 
character  on  the  exterior  of  said  structure,  and  any  person  destroy- 
ing or  removing  such  notice  shall  l)e  liable  to  a  fine  of  twenty-five 
($25)  dollars  for  every  such  offense. 

Livery  stable,  construction  of. 

Section  60.  Every  building  in  which  horses  are  kept  in  stalls 
for  sale,  or  while  boarding,  or  which  is  used  as  a  livery  stable, 
shall  have  an  exit  at  two  sides  thereof  of  not  less  than  eight  feet 
in  width,  and,  whenever  necessary,,  there  shall  be  run-ways  or 
inclines  so  arranged  as  to  be  of  use  in  taking  horses  from  the 
building,  and  which  shall  be  not  less  than  eight  feet  in  width  and 
provided  with  guards  on  each  side  thereof,  and  when  horses  are 
kept  on  floors  not  provided  with  exits,  there  shall  be  at  least 
two  run\vays  connecting  with  the  floors  and  leading  in  direction 
of  exits. 

Horses,  hay  on  floor  with. 

Section  61.  If  hay  or  straw  is  to  be  kept  on  the  same  floor 
with  horses,  a  fire-proof  room  shall  be  provided  for  same,  built 
of  brick,  fire-clay,  tile  or  porous  terra  cotta,  or  other  fire-resisting 
material;  antl  all  doors  or  openings  into  such  room  shall  be  made 
of  fire-proof  or  fire-resisting  material. 


KKVISKD    ORDIXAXC'KS.  165 


Tenement  house. 


Section  62.  No  building-  in  the  city  of  Omaha  shall  be  con- 
verted into  or  used  for  a  tenement  or  lodging  house,  vmless,  in 
addition  to  the  other  reriuirements  of  law,  it  conforms  to  the 
provisions  of  this  ordinance. 

Tenement  house,  situation  of. 

Section  63.  If  a  building  to  be  used  for  a  tenement  or  lodg- 
ing house  is  on  the  front  of  any  lot  where  there  is  another  building 
on  the  rear  of  the  same  lot,  there  shall  be  a  clear  space,  exclusively 
belonging  to  the  front  building  and  extending  upwards  from  the 
ground,  of  at  least  ten  feet  between  said  buildings,  if  they  are 
one  story  high  above  the  level  of  the  ground.  If  they  are  two 
stories  high,  the  distance  between  them  shall  be  not  less  than 
fifteen  feet;  if  they  are  three  stories  high,  the  distance  between 
them  shall  be  not  less  than  twenty  feet,  and  if  they  are  more  than 
three  stories  high,  the  distance  between  them  shall  be  not  less 
than  twenty-five  feet. 

Brick  tenement  house. 

Section  64.  Every  brick  building  hereafter  erected  or  altered 
to  be  used  for  a  tenement  or  lodging  house  shall  have  stairways 
enclosed  in  brick  walls,  or  fire-proof  partitions  the  entire  height, 
and  if  lighted  by  sky  light,  such  sky  light  shall  be  of  framed  metal, 
and  no  opening  or  aperture  shall  be  made  in  said  walls  except  the 
requisite  doors  for  entrance  thereto,  and  external  windows.  Every 
such  building,  if  to  be  occupied  by  more  than  four  families  above 
the  first  fioor,  shall  have  such  additional  staircases,  or  means  of 
egress,  as,  in  the  judgment  of  the  building  inspector,  the  safety  of 
the  occupants  shall  demand.  All  such  staircase  partitions  are  to 
commence  at  a  level  of,  or  above,  the  cellar  bottom.  They  maybe 
erected  upon  iron  girders  and  properly  protected  from  fire. 

Wooden  buildings  outside  fire  limits. 

Section  65.  Outside  of  fire  limits  wooden  buildings  may  be 
erected,  subject  to  the  following  restrictions  and  regulations:  All 
wooden  buildings  shall  be  placed  at  a  distance  not  less  than  one 
foot  and  six  inches  from  wall  line  to  the  line  of  the  lot  upon  which 
the  building  is  to  be  located,  unless  a  brick  external  wall  is  sub- 
stituted for  a  wooden  wall,  and  of  thickness  prescribed  by  ordi- 
nance regulating  the  erection  of  brick  external  walls.     The  brick 


166  revisp:d  ordinances. 

walls  above  required  shall  be  built  up  to  the  under  side  of  the  roof 
covering,  which  shall  be  laid  and  bedded  in  mortar  upon  the  walls. 
In  the  erection  of  wooden  buildings  in  blocks  of  two  or  more 
houses,  to  be  occupied  for  dwelling  purposes,  the  said  buildings 
shall  have  intercepting  walls  of  brick  of  the  same  thickness  as 
external  wall  in  brick  buildings  of  the  same  class;  such  brick 
walls  to  be  carried  up  and  topped  out  twelve  inches  above  the 
roof;  or  they  may,  in  the  discretion  of  the  building  inspector, 
be  carried  to  the  under  side  of  the  roof  covering,  which  shall  be 
laid  and  bedded  in  mortar  upon  the  walls. 

Wooden  buildings — Cellars. 

Section  66.  All  wooden  buildings  having  cellars  one  thousand 
feet  area  shall  be  built  upon  secure  foundations  of  ston'e  or  brick 
carried  up  to  the  surface  of  the  round,  which  foundation,  if  of 
brick,  shall  be  not  less  than  twelve  inches  thick  and  laid  in  mortar; 
if  of  rubblestone,  it  shall  be  not  less  than  sixteen  inches  thick. 
Where  frame  buildings  are  built  upon  flat,  soft  or  marshy  land, 
the  inspector  may,  in  his  discretion,  perinit  the  sills  to  be  placed 
upon  mud  sills  or  blocking,  or  upon  piles  cut  to  height  of  grade. 

Framing  timbers. 

Section  67.  Frame  buildings  hereafter  erected  must  have 
framing  timbers,  as  follows:  Sills,  not  less  than  six  by  six  inches; 
floor  joists,  not  less  than  two  by  eight  inches;  studding,  not  less 
than  two  by  four  inches ;  rafters,  not  less  than  two  by  four  inches ; 
hip  and  valley  rafters,  not  less  than  two  by  six  inches;  ceiling 
joists,  not  less  than  two  by  four  inches.  All  floor  joists,  ceiling 
joists  and  studding  must  be  placed  not  more  than  sixteen  inches 
from  center  to  center.  Provided,  however,  the  building  inspector 
may  permit  the  use  of  framing  timbers  of  less  dimensions  in  small 
barns  and  out-buildings. 

Areas. 

Section  68.  A  space  extending  four  feet  from  property  line 
on  any  street  may  be  used  for  entrance  steps  to  basement  or  first 
floor,  or  for  lighting  an  area.     Open  areas  must  have  railings. 

Coal  holes  and  vaults. 

Section  69.  Coal  holes  and  vaults  under  sidewalks  shall  be 
constructed  as  follows:  The  outer  wall  next  to  the  street  shall  be 
formed  of  stone  or  brick,  and  no  part  of  said  wall  shall  be  nearer 


KF.VISEI)    ORUINANCES.  167 

the  curb  line  than  two  feet.  The  top  shall  be  formed  either  by 
an  arch  or  arches  turned  in  a  good  and  substantial  manner,  or 
by  rough  hammered  stone  at  least  six  inches  thick,  properlj^ 
supported  on  steel  or  iron  beams  of  sufficient  strength.  The 
opening  in  the  sidewalk  for  coal  hole  or  vault  shall  be  covered 
with  a  substantial  iron  plate  with  a  rough  surface.  The  entire 
construction  of  all  coal  holes  and  vaults  shall  be  subject  to  the 
direction  and  supervision  of  the  building  inspector. 

Theatres,  construction  of. 

Section  70.  Every  building  hereafter  built  or  altered  to  be 
used  as  at  theater,  for  dramatic,  operatic  or  other  similar  perform- 
ances, involving  the  use  of  a  fixed  stage,  with  movable  or  shifting 
scenery,  curtains  and  machinery,  shall  be  of  brick  or  other  fire 
resisting  construction  throughout,  so  far  as  the  nature  of  its  uses 
will  permit,  and  shall  have  at  least  two  independent  exits  for 
each  division,  compartment  or  gallery  above  the  first  floor;  shall 
have  independent  stairways,  and  exits  shall  be  located  as  far  apart 
as  practicable.  The  lobby  shall  be  separated  from  the  auditorium 
by  brick  or  other  fire  resisting  wall;  and  all  walls,  floors  and 
landings  of  stairways  and  all  stairs  shall  be  incombustible  material. 
There  shall  be  lobbies  adjoining  each  division  of  the  auditorium 
suflficiently  large  to  furnish  standing  room  for  all  persons  that 
such  subdivision  may  at  any  time  contain.  This  provision  shall 
apply  to  the  exit  from  each  division,  gallery  or  compartment  of 
such  building,  as  well  as  to  the  exterior  opening.  All  public  build- 
ings shall  have  corridors,  lobbies,  stairways,  passages  and  aisles 
of  equal  or  increasing  width  towards  the  exit  and  without  any 
projection  into  them  within  six  feet  of  the  floor;  shall  have  the 
halls,  corridors,  doors,  stairways,  seats  and  aisles  so  arranged  as 
to  facilitate  egress,  and  shall  have  such  fire  service  and  apparatus 
for  the  extinguishment  of  fire  as  the  building  inspector  and  chief 
of  fire  department  shall  deem  necessary.  All  exits  from  any  public 
building  shall  be  open  for  the  use  of  every  departing  audience. 

The  overheads  immediately  beneath  the  floors  of  the  audi- 
torium, lobbies,  hall  rooms,  galleries,  stairways,  landings  and 
corridors  of  public  buildings  shall  be  protected  by  some  incom- 
bustible material,  such  as  wire  lathing  and  plastering,  or  terra 
cotta  and  plastering,  and  stair  carriages  and  framing  shall  be 
plugged  solid  to  line  of  tread  risers  and  landing  floors  with  some 
incombustible  material. 


168  KEVlSKn    OKDIXAXCES. 

Partitions,  stairs  and  landing — Public  buildings, 

^Section  71.  All  partitions  of  })ublic  buildings  euclosino;  stair- 
ways, lobbies  and  corridors,  or  separating  them  from  auditoriums 
or  ante-rooms,  shall  be  of  brick  masonry  or  heavy  studding  l)nck 
nogged  throughout  or  otherwise  made  non-combustible. 

All  stairs  and  landings  of  public  buildings  shall  have  proper 
hand-rails  on  both  sides,  firmly  secured  to  walls  or  to  strong  posts 
and  balusters  throughout  their  entire  lengths,  and  very  wide 
stairways  shall  have  one  or  more  intermediate  rails  on  strong 
vertical  supports,  as  approved  by  the  building  inspector.  Winders 
shall  not  be  introduced  in  stairways. 

Public  buildings — Approaches  and  exits. 

Section  72.  lilvery  approach  or  exit  of  a  public  building 
under  or  through  any  other  building  shall  have  solid  masonry 
walls  and  the  floors  and  ceilings  shall  be  of  approved  incombustible 
and  fire  resisting  materials,  and  there  shall  be  no  opening  through 
said  walls,  floors  or  ceilings. 

Public  building  lights. 

Section  73.  The  lights  for  all  passages  and  stairways  of  exit 
of  every  public  building  shall  be  independent  of  the  light  of  the 
rest  of  the  auditorium  and  platform,  and  shall  be  so  arranged 
that  they  cannot  be  turned  down  or  ()ff  from  the  platform. 

Theatres — Exits. 

Section  74.  In  addition  to  the  exits  hereinbefore  required 
for  all  public  buildings,  there  shall  be  provided,  if  practicable, 
for  every  theatre,  direct  exits  from  the  main  floor  of  the  audi- 
torium to  the  street,  court  or  open  passage-way;  and  these  exits 
shall  be  provided  with  light  doors  or  sashes  opening  outwards, 
and  secured  only  on  the  inside,  as  may  be  readily  forced  open  in 
case  of  fire  or  panic. 

Stages. 

Section75.  The  stage  of  every  theatre  shall  be  separated 
from  the  auditorium  by  a  masonry  wall  not  less  than  sixteen 
inches  thick,  or  its  equivalent,  which  wall  shall  extend  the  entire 
width  of  the  building,  and  from  ground  to  roof  on  the  sides  of 
the  proscenium  arch,  and  from  ground  to,  stage  floor  and  be  topped 


KK\1SKI)    OHDIN.Wf'KS.  160 

out  as  a  party  wall  not  less  than  six  feet  above  the  roof.  There 
shall  be  no  opening  through  this  wall  except  the  curtain  opening, 
and  not  more  than  three  others  to  be  located  at  the  level  of  or 
below  the  stage,  these  latter  openings  shall  not  exceed  twenty-one 
superficial  feet  each  and  shall  have  tinned  wood'  or  other  fire- 
proof self-closing  doors  securely  hung  to  rabbets  in  the  masonry 
wall  work. 

Curtain  opening — Incombustible  material. 

Section  76.  The  wall  over  the  curtain  opening  of  every 
theatre  shall  be  carried  by  a  brick  arch  or  by  an  iron  truss  or 
girder,  and  if  a  truss  or  girder  is  used  it  shall  be  covered  by  ma- 
terial non-conductive  of  heat,  and  a  girder  shall  be  spanned  by 
a  sufficient  relieving  arch  of  masonry  in  cement.  The  roof  trusses 
of  every  theatre  shall  be  covered  with  incombustible  material. 

The  finish  or  decorated  features  around  the  curtain  opening 
of  every  theatre  shall  he  of  incondnistible  materials  well  secured 
to  masonry. 

All  scenery,  curtains  and  exposed  wood  work  of  the  stage 
of  every  theatre  shall  be  thoroughly  covered  or  saturated,  if  practi- 
cable, with  fire-resisting  material  approved  by  the  building  in- 
spector. 

The  fixed  portions  of  stage,  fly-floors  and  tile  floors  of  every 
theatre  shall  be  approved  incombustible  material,  excepting  that 
the  flooring  may  be  of  wood. 

The  under  side  of  flooring  of  fly-floor  of  every  theatre  shall 
be  covered  with  approved  incombustible  materials,  and  the  tile 
flooring  shall  have  an  open  flooring  of  slats  set  their  full  width 
apart. 

Wardrobes,  etc.,  separated  from  stage. 

Section  77.  All  scene  docks,  carpenter  or  property  shops  and 
wardrobes  of  every  theatre  shall  be  separated  from  the  stage, 
auditorium  and  dressing  room  divisions  by  solid  masonry  walls 
not  less  than  twelve  inches  thick,  with  no  openings  to  the  audito- 
riums or  dressing  room  divisions;  and  all  openings  to  the  stage 
shall  have  tinned  wood  or  other  fire-proof  self-closing  doors  securely 
hung  to  rabbets  in  the  masonry. 


170  REVISED    OKDIXAXCES. 

Exits. 

Section  78.  All  rooms  and  premises  in  every  theatre  for  the 
use  or  occupancy  of  persons  employed  therein  shall  be  located 
in  secure  positions  and  shall  have  at  least  two  independent  exits 
as  far  removed  from  the  stage  as  practicable  and  all  parts  of  such 
rooms  and  premises,  with  their  passage  and  stairways  shall  be  of 
fire  resisting  construction. 

Stage  standpipes. 

Section  79.  There  shall  be  on  the  stage  of  every  theatre, 
service  stand-pipes  at  least  two  inches  high  with  ample  provisions 
of  hose  and  nozzles  at  each  level  of  the  stage  on  each  side,  and  the 
water  shall  be  kept  turned  on  during  the  occupancy  of  the  building. 
The  side  pipes  shall  have  two  gates  one  above  the  other,  with  a 
proper  test  of  waste  valve;  the  lower  gate  to  be  kept  open  at  all 
times  except  when  testing  the  upper  gate  to  ascertain  if  it  is  in 
order  for  use.  The  proscenium  openings  shall  be  provided  with  a 
two  and  one-half-inch  perforated  iron  pipe  so  constructed  that 
in  case  of  an  emergency  it  will  perform  a  complete  water  curtain 
for  the  entire  proscenium  opening,  and  there  shall  be  such  addi- 
tional fire-proof  apparatus  and  perforated  iron  pipes  or  automatic 
sprinklers  as  the  building  inspector  shall  direct.  Such  pipes  shall 
be  supplied  with  water  by  high  pressure  service  and  be  at  all 
times  ready  for  use. 

Venlilators. 

Section  80.  The  combined  area  of  opening  of  all  ventilators 
shall  not  exceed  two-thirds  of  the  area  of  ventilator  opening  over 
stage. 

Fire  resisting  curtain — Officers  have  access. 

Section  81.  The  proscenium  or  curtain  opening  of  every 
theatre  shall  have  a  fire  resisting  curtain  of  incombustible  ma- 
terials reinforced  by  wire  netting  or  otherwise  strengthened.  If  of 
iron  or  similar  heavy  material  and  made  to  lower  from  the  top, 
it  shall  be  so  contrived  as  to  be  stopped  securely  at  a  height  of 
seven  feet  above  the  stage  floor,  the  remaining  opening  being 
closed  by  a  curtain  or  valance  of  fire  resisting  fabric,  as  above. 
Such  curtain  shall  be  lowered  at  the  beginning  and  end  of  each 
and  every  performance,  and  shall,  in  its  material  construction 
and  mechanism,  be  approved  by  the  building  inspector. 


RKVISII)    OROIN.ANCES.  171 

The  chief  of  fire  department,  building  inspector  or  their 
agent  shall  have  free  access  to  the  stage  at  all  times  for  the  purpose 
of  testing  or  examining  fire  apparatus. 

License — Inspector's  certificate. 

Section  82.  Before  the  proper  city  official  shall  issue  a 
license  for  any  theatre  or  place  of  public  amusement  or  exhibition 
of  any  kind  in  this  city  (except  where  such  amusements  or  exhibi- 
tions are  held  in  tents  or  unimproved  property),  he  shall  require 
the  party  or  parties  applying  for  such  license  to  file  in  his  office  a 
certificate  from  the  building  inspector  stating  that  the  provisions 
of  this  ordinance  have  been  comphed  with  in  all  its  recpiirements. 

Wooden  fences. 

Section  83.  No  wooden  fence  shall  be  constructed  exceeding 
eight  feet  in  height  above  the  sidewalk  level  or  grade,  or  above 
the  surface  of  the  ground  where  no  grade  is  established.  Any 
person  or  persons  w^ho  shall  construct  or  cause  to  be  constructed 
any  wooden  fence  contrary  to  the  provisions  of  this  ordinance,  or 
who  shall  refuse  or  neglect  to  remove  any  wooden  fence  not  con- 
structed in  accordance  with  the  provisions  hereof,  shall  be  deemed 
guilty  of  maintaining  a  nuisance,  and,  upon  conviction,  shall  be 
subject  to  a  fine  not  to  exceed  ten  (SIO)  dollars  for  every  such 
offense,  and  shall  be  liable  to  a  further  fine  of  ten  ($10)  dollars 
for  each  and  every  day  thereafter  that  he  permits  such  wooden 
fence  to  remain. 

Comers — Street  names. 

Section  84.  That  all  permanent  buildings  hereafter  erected 
on  the  corner  of  any  street  in  the  city  of  Omaha  shall  have  placed 
thereon  a  tablet  of  stone  (except  in  iron  buildings  it  may  be  of 
iron),  having  thereon  the  name  of  the  street  in  plain  Roman 
letters  not  less  than  three  inches  high;  and  such  tablet  shall  be  ' 
placed  above,  but  not  exceeding  two  feet  higher  than  the  first 
story  of  such  building,  in  plain  view  from  the  street. 

Awings. 

Section  85.  No  awning  shall  be  consturcted  or  permitted  to 
remain  over  any  sidewalk  or  part  thereof  within  the  fire  limits 
of  the  city  of  Omaha,  unless  such  awning  be  constructed  of  canvas, 
cloth  or  other  light  and  pliable  material,  securely  attached  to  the 


1/2  KK\ISi:i)    OKDI  ,\  \N('KS. 

building  in  front  of  which  it  is  placed,  and  properly  su])|)orted. 
without  posts,  by  iron  or  other  metallic  fastenings  and  supports. 
Every  part  of  such  awning  shall  be  elevated  at  least  seven  feet 
at  the  lowest  point  thereof  above  the  grade  of  the  sidewalk,  and 
the  same  shall  not  project  over  the  sidewalk  to  exceed  one-half 
the  width  thereof;  and  no  such  awning  shall  be  constructed  either 
wholly  or  in  part  of  wood.  Any  person  who  shall  erect  any  awning 
contrary  to  the  provisions  of  this  ortUnance,  or  who  shall  refuse 
or  neglect  to  remove  any  awning  not  constructed  or  extending 
in  accordance  with  the  provisions  hereof,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  upon  conviction  thereof,  be  subject 
to  a  fine  not  to  exceed  ten  ($10)  dollars  for  every  such  offense, 
and  shall  be  liable  to  a  further  penalty  of  ten  (SIO)  dollars  for 
each  and  every  day  thereafter  that  he  permits  such  awning  to 
remain.  Provided,  this  orcUnance  shall  not  apply  to  awnings 
heretofore  erected  by  permission  and  authority  of  the  city  council, 
but  the  same  shall  be  in  nowise  renewed,  replaced  or  restored  if 
the  same  shall,  at  any  time,  be  destroyed,  changed,  taken  down 
or  removed. 

Brick  uniformity. 

Section  86.  All  common  brick  hereafter  used  in  the  construc- 
tion of  any  building  in  the  city  of  Omaha  shall  be  of  a  uniform 
make  and  of  the  national  size  and  shape,  to  wit :  eight  and  one- 
fourth  inches  in  length,  four  inches  in  width  and  two  and  one-fourth 
inches  in  thickness.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  not  less  than  five  (S5)  dollars  or 
exceeding  one  hundred  ($100)  dollars  for  every  such  offense. 

Penalty. 

vSection  87.  Any  person  violating  any  provision  of  this 
ordinance  for  which  no  penalty  is  specified  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  ten  ($10)  dollars  nor  more  than  one  hundred 
($100)  dollars  for  each  offense. 

Health  Commisoner  approve  plans. 

Section  88.  The  drainage  and  plumbing  of  all  buildings,  both 
public  and  private,  hereafter  erected  in  the  city  of  Omaha,  shall 
be  executed  in  accordance  with  plans  previously  approved  in 
writing:  bv  the  Health  Commissioner. 


RF.VISKI)    ()i;i)INAXCES.  173 

Suital)le  drawinus  shall  be  submitted  by  the  owner,  agent  or 
architect  and  placed  on  file  with  the  Health  Commissioner;  the  said 
Health  Commissioner  is  also  authorized  to  receive  and  place  on  file 
drawings  and  descriptions  of  the  plumbing  and  drainage  of  build- 
ings erected  prior  to  the  passage  of  this  ordinance. 

Penalty. 

Section  89.  Any  person  violating  any  provision  of  the 
preceetling  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
five  (So)  dollars,  nor  more  than  fifty  ($50)  dollars. 

Dangerous  buildings. 

Section  90.  Whenever  any  building  or  structure  within  the 
corporate  limits  of  the  city  of  Omaha  shall  in  the  opinion  of  the 
building  inspector  become  dangerous,  or  whenever  any  building 
Avithin  the  fire  limits  of  said  city  shall  have  been  damaged  by 
fire,  decay  or  otherwise  to  the  extent  of  50  per  cent  of  the  value 
of  a  similai-  new  Iniilding  above  the  foundation,  it  shall  be  the 
duty  of  the  Iniilding  inspector  to  report  the  condition  of  such 
Iniilding  to  the  city  council  of  said  city. 

Notice  to  owner. 

Section  91.  Whenever  the  condition  of  any  such  building 
shall  have  been  so  reported  by  the  building  inspector  to  the  city 
council  it  shall  be  the  duty  of  said  city  council  to  cause  a  notice 
to  be  served  on  the  owner  of  said  building  or  upon  the  agent  of 
such  owner  to  appear  before  said  city  council  at  a  time  and  place 
to  be  fixed  by  such  notice  and  show  cause,  if  any,  why  such  build- 
ing should  not  be  condemned  and  be  taken  down  or  removed; 
Provided,  however,  that  if  such  owner  shall  be  a  non-resident 
of  the  city  of  Omaha  and  shall  not  have  a  known  representative 
in  said  city,  such  notice  may  be  by  publication  for  five  daj^s  prior 
to  the  time  fixed  for  such  hearing. 

Hearing  on  notice. 

Section  92.  At  the  time  and  place  designated  in  such  notice 
the  city  council  shall  hear  and  consider  any  statement  or  showing 
which  may  be  made  by  the  building  inspector  tending  to  show 
that  such  building  is  dangerous  or  by  reason  of  decay  or  otherwise 
is  damaged  to  the  extent  herein  provided  and  shall  also  hear  and 


174  REVISED    ORDINANCES. 

consider  the  statements  of  the  owner  or  any  representative  of 
said  owner  or  any  witness  produced  on  behalf  of  such  owner  or 
representative,  and  after  hearing  and  considering  all  such  testi- 
mony shall  determine  and  declare  whether  said  building  is  danger- 
ous or  has  been  damaged  by  fire,  decay  or  otherwise  to  the  extent 
of  50  per  cent  of  the  value  of  a  similar  new  building  above  the 
foundation  and  shall  enter  its  finding  in  that  behalf  upon  the 
records  of  said  council,  and  if  said  council  shall  find  and  determine 
that  such  building  is  dangerous  or  that  the  same  has  been  damaged 
by  fire,  decay  or  otherwise  to  the  extent  of  50  per  cent  of  the 
value  of  a  similar  new  building  above  the  foundation,  then  it 
shall  be  the  duty  of  said  council  to  order  said  building  torn  down 
and  removed  and  the  building  inspector  shall  thereupon  be  au- 
thorized and  recpiired,  after  notification  to  said  owner  or  to  the 
representative  of  said  owner,  as  herein  ijrovided,  and  the  failure 
of  such  owner  or  representative  to  remove  said  building,  to  cause 
the  same  to  be  taken  down  and  removed. 

Condemnation. 

Section  93.  Whenever  the  city  council  shall  condemn  any 
building  as  herein  provided  it  sahll  be  the  duty  of  the  building 
inspector  forthwith  to  notify  the  owner  of  the  building  so  con- 
demned or  the  representative  of  such  owner  to  take  down  and 
remove  the  same,  which  notice  shall  be  so  served  at  least  ten  days 
prior  to  the  time  fixed  for  such  owner  to  tear  down  and  remove 
the  same,  and  if  such  owner  or  representative  of  such  owner  shall 
fail,  neglect  or  refuse  to  tear  dowTi  and  remove  said  building  at 
or  before  the  time  designated  in  said  notice  then  it  shall  be  the 
duty  of  the  building  inspector  forthwith  to  tear  down  and  remove 
the  same  and  report  the  cost  of  so  doing  to  the  city  council  for 
the  purpose  of  being  assessed  against  the  lot  on  Avhich  said  ])uilding 
was  located. 

Penalty. 

Section  94.  If  the  owner  of  any  building,  or  any  agent  or 
representative  of  the  owner  of  any  building  within  the  citj'  of 
Omaha  which  has  been  condemned  as  herein  provided  shall  fail, 
neglect  or  refuse  to  tear  down  the  same  at  or  ])efore  the  time 
designated  in  the  notice  herein  provided,  such  failure,  neglect  or 
refusal  .shall  be  deemed  a  misdemeanor,  and  upon  conviction 
thereof  such  owner  or  representative  shall  be  fined  in   any  sum 


REVISED    ORDINANCES.  175 

not  exceeding  one  hundred  ($100)  dollars,  and  each  and  every 
day  said  building  is  allowed  to  remain  after  the  expiration  of  the 
time  fixed  by  such  notice  shall  be  deemed  a  separate  offense. 

Manufacture  of  gas. 

Section  95.  It  is  hereby  declared  unlawful  to  erect  any 
buildings  or  structures  to  be  used  for  the  manufacture  of  illumi- 
nating or  fuel  gas,  or  to  remodel  any  existing  building  for  such 
purpose,  or  to  use  any  building  for  such  purpose  not  actually  in 
use  for  the  same  at  the  time  of  the  passage  of  this  ordinance  at 
any  place  in  the  city  of  Oniaha,  except  upon  the  conditions  in 
Section  97  of  this  chapter  prescribed. 

Tanks. 

Section  96.  It  is  hereby  declared  unlawful  to  erect  any 
tanks,  or  to  build  any  storage  reservoirs,  for  the  purpose  of  storing 
either  illuminating  or  fuel  gas,  or  to  remodel  any  existing  tank, 
reservoir,  buildings  or  structure  for  such  purpose,  or  to  use  any 
tank,  reservoir,  building  or  structure  for  such  purpose  not  actually 
in  use  for  the  same  at  the  time  of  the  passage  of  this  ordinance 
at  any  place  in  the  city  of  Omaha,  except  upon  the  conditions 
in  Section  97  of  this  chapter  prescribed. 

Consent  of  property  owners. 

Section  97.  Before  constructing  any  building  or  structure  to 
be  used  for  the  manufacture  of  illuminating  or  fuel  gas,  and  before 
erecting  any  tanks,  storage  reservoir  or  other  recejitacles  for  the 
purpose  of  storing  either  illuminating  or  fuel  gas,  and  before 
remodeling  or  using  any  building,  structure,  tanks  or  reservoir 
for  such  purpose,  the  party  or  parties  desiring  such  privilege 
shall  first  obtain  the  written  consent  of  all  the  property  owners 
within  a  radius  of  one  thousand  feet  of  the  proposed  building, 
structure,  tank  or  reesrvoir  to  be  used  for  such  purpose,  and  file 
such  permission  with  the  building  inspector  of  the  city  of  Omaha, 
and  comply  with  all  other  ordinances,  rules  and  regulations  relating 
to  buildings. 

Buildings  in  Streets  or  Alleys. 

>('('  .Misdemeanors,  Sections  V.)  tine!  (iO. 

Burglars'  Tools. 

See  Mis(!eineanf)r.s,  Sec'tion  '.). 


176  RKVISKD    ORDINAXCKS. 

CHAPTER  XV. 

in- RON  REED  BEQUEST. 

An  ordinance  acceptinu'  the  devise  and  l)e(inest  of  Byron  Reed 
to   the  city  of   Omaha.  ' 

117;  erf  as,  Byron  Reed,  late  of  the  county  of  Douglas,  and  state 
of  Nebraska,  did  by  his  last  will  and  testament,  executed  on  the 
4th  day  of  June,  1891,  and  now  deposited  in  the  office  of  the  county 
judge,  of  Douglas  county,  Nebraska,  devise  to  Abram  L.  Reed, 
of  the  city  of  Omaha,  a  certain  lot  of  land,  in  trust  to  be  conveyed 
to  the  city  of  Onuilia,  U])()n  the  i)erformance  In-  said  city,  of  certain 
conditions  in  said  will  named,  which  said  lot  is  described  as  follows: 
''A  lot  of  land  at  the  southeast  corner  of  Harney  and  Nineteenth 
streets,  in  the  city  of  Omaha,  and  State  of  Nebraska,  SS.5  feet 
front  on  Harney  street  by  93. S  feet  front  on  Nineteenth  street;   and 

Whereas,  Said  Byron  Reed  did  also  give  and  beciueath  to  the 
city  of  Omaha,  by  his  said  will,  ui)on  the  performance  of  certain 
conditions  in  said  will  named,  his  ])rivate  library  of  books,  docu- 
ments, pamphlets,  files  of  newspapers  and  other  periodicals,  manu- 
scripts, autographs  and  literary  relics,  together  with  his  collection 
of  coins,  medals,  paper  money,  bonds,  drafts  and  currency,  and 
the  cases  in  which  they  are  contained,  and  did  direct  that  said 
land  and  library  ami  coin  collection  should  he  conveyed  to  the 
city  of  Omaha  upon  the  perfomrance  of  the  conditions  in  said  will 
named,  which  said  conditions,  applying  to  each  of  the  said  becpiests. 
respectively,  are  expressed  in  the  words  and  figures  following,  to- wit : 

"That  said  city  erect  a  first-class  fire-proof  building  thereon 
covering  the  whole  of  said  lot  and  at  least  four  stories  high,  suitable 
for  a  public  library  or  art  gallery.  The  erection  of  said  building 
to  be  commenced  within  one  year  from  the  day  this  will  is  admitted 
to  )3robate  and  to  progress  so  far  as  to  be  under  roof  within  two 
years  after  it  is  commenced.  As  soon  as  said  building  is  inclosed 
the  trustee  above  named  is  directed  to  execute  and  deliver  to  said 
city  of  Omaha  a  deed  for  said  lot,  conditioned  that  said  premises 
shall  ever  be  used  for  the  benefit  of  the  public  as  a  public  library 
and  art  gallery  and  for  such  other  purposes  as  may  be  necessary 
or  incidental  thereto.  The  management  of  said  institutions  shall 
be  conducted  and  directed  by  said  city  of  Omaha,  and  shall  be 
whollv  in  the  interest  and  for  the  benefit  of  the  public. 


KAAISKI)    OIIDIXAXCKS.  177 

''111  case  said  lot  of  land  with  the  conditions  thereto  attached 
as  aforesaid  be  accepted  by  said  city  of  Omaha  (and  not  otherwise) 
and  such  acceptance  be  in  writing-  and  filed  with  this  will  within 
one  year  from  the  day  this  will  is  admitted  to  probate,  then  I  do 
hereby  give  and  bequeath  to  said  city  of  Omaha  my  })rivate  library 
of  books,  documents,  manuscripts,  pamphlets,  files  of  newspapers 
and  other  periodicals,  autographs  and  literary  relics,  together 
with  my  collection  of  coins,  medals,  paper  money,  bonds,  drafts 
and  currency,  and  the  cases  in  which  they  are  contained. 

"This  gift  shall  not  take  effect  until  the  l)uil(ling  above  pro- 
vided for  shall  be  fully  completed  and  ready  to  receive  the  same, 
and  in  case  the  city  of  Omaha  shall  decline  to  accept  the  devise 
of  said  lot  at  the  corner  of  Harney  and  Nineteenth  streets,  with  the 
conditions  thereto  attached  as  aforesaid,  then  this  gift  of  said  horary 
and  coin  collection  shall  l)e  void  and  of  no  effect. 

"In  case  the  above  conditions  be  complied  with  ])y  the 
city  of  Omaha  so  that  this  gift  is  made  effectual,  then  said  library 
and  coin  collection  shall  be  placed  in  said  building  and  forever 
thereafter  be  used  and  displayed  for  the  benefit  of  the  public, 
under  such  rules  and  regulations  as  may  be  provided  therefor  by 
the  city  of  Omaha,  one  of  which  shall  be  that  no  book  or  other 
article  shall  be  taken  outside  the  building  by  any  person  wishing 
to  read  or  examine  the  same,  and  another  rule  shall  be  that  for  at 
least  a  portion  of  the  time  (if  not  all  the  time)  the  public  shall 
l)e  admitted  free  of  charge  to  all  the  benefits  of  said  library  and 
coin  collection  under  reasonable  rules  and  regulations. 

"In  selecting  and  delivering  said  librar}^  and  coin  collection, 
my  executor  is  directed  not  to  include  any  book  or  otiier  property 
my  executor  is  directed  not  to  include  any  book  or  other  literary 
property,  a  duplicate  of  which  is  at  the  time  in  the  Omaha  public 
library,  and  in  selecting  and  delivering  the  collection  of  coins, 
medals  and  paper  money,  bonds,  drafts  and  currency,  he  is  not 
to  deliver  any  duplicate  pieces  that  have  no  numismatic  value. 

"My  said  executor  knowing  my  wishes  in  this  matter,  is 
constituted  the  sole  judge  as  to  what  pieces  and  articles  to  deliver, 
and  what  to  retain,  under  this,  the  sixth  clause  of  my  will."     And 

Whereas,  To  further  assure  to  the  city  of  Omaha  the  benefits 
and  advantages  to  the  devise  and  bequest  of  the  saitl  Hyron  Reed, 
as  hereinbefore  recited  Mary  Melissa  Reed,  widow  of  the  said 
Byron  Reed,  Abraham  L.  Reed,  unmarried,  and  Maria  Johnson 
and  Frank  B.  Johnson,  husband  and  wife,  all  of  the  citv  of  Omaha, 


178  REVISED    ORDINANCES. 

Douglas  county,  state  of  Nebraska,  sole  heirs  at  law  of  said  Byron 
Reed,  deceased,  on  the  20th  day  of  June,  1891,  executed  and 
delivered  to  Abraham  L,  Reed,  trustee,  a  certain  conveyance 
of  the  premises  devised  and  the  property  bequeathed  to  said  city 
of  Omaha,  as  hereinbefore  stated,  to  be  conveyed  by  the  said 
Abraham  L.  Reed,  as  trustee,  held  and  disposed  of  upon  the  terms 
and  conditions  specified  in  the  said  last  will  and  testament  of  the 
said  Byron  Reed,  which  said  conveyance  is  now  in  full  force  and 
effect;  and 

Whereas,  The  said  city  of  Omaha,  on  the  3d  day  of  November, 
1891,  upon  due  and  lawful  proceedings,  to  that  end  and  purpose, 
at  an  election  that  daj^  held,  was  authorized  by  the  voters  of  the 
city  of  Omaha,  in  said  county  of  Douglas,  in  the  state  of  Nebraska, 
to  issue  the  coupon  bonds  of  said  city,  in  the  sum  of  one  hundred 
thousand  ($100,000)  dollars,  for  the  purpose  of  erecting  a  public 
library  building  upon  the  premises  described,  at  the  southeast 
corner  of  .Harney  and  Nineteenth  streets,  and  in  performance  of 
the  conditions  of  the  will  of  said  Byron  Reed;   and 

Whereas,  It  is  believed  to  be  to  the  benefit  and  advantage  of 
the  said  city  of  Omaha  and  its  citizens  to  accept  said  devise  and 
bequest;     therefore, 

Be  it  ordained  by  the  city  council  of  the  city  of  Omaha: 

Section  1.  That  the  devise  and  bequest  of  Byron  Reed,  late 
of  the  county  of  Douglas,  state  of  Nebraska,  made  bj^  his  last 
will  and  testament,  executed  on  the  4th  day  of  June,  1891,  to  Abra- 
ham L.  Reed,  of  a  certain  lot  of  land  on  the  southeast  corner  of 
Harney  and  Nineteenth  streets,  in  the  city  of  Omaha,  as  set  forth 
in  said  last  will  and  testament,  executed  on  the  4th  day  of  June, 
1891,  and  now  on  file  in  the  office  of  the  county  judge  of  Douglas 
county,  and  as  hereinbefore  recited,  in  the  preamble  to  this  ordi- 
nance, be  and  the  same  is  hereby  accepted  by  the  said  city  of 
Omaha  upon  the  terms  and  conditions  therein  expressed  and 
hereinbefore  in  the  preamble  to  this  ordinance  fully  set  forth. 

Section  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 


rp:vised  ordinances.  179 


Additional  Cemeteries. 


CHAPTER  XVI. 
CEMETERIES. 


Section  1.  It  is  hereby  declared  to  be  unlawful  for  any 
person  or  persons,  association,  corporation  or  otherwise,  to  es- 
tablish, lay  out,  provide  or  prepare,  within  the  limits  of  the  city 
of  Omaha,  cemeteries  for  the  burial  of  the  dead,  additional  to 
such  as  are  or  may  now  be  in  existence  therein,  or  to  enlarge, 
add  to,  or  increase  the  limits  or  boundaries  of  any  cemetery, 
space,  ground  or  burial  place  for  the  dead  now  laid  out,  prepared, 
or  set  aside,  and  intended  for  such  purpose. 

Unlawful  use  of. 

Section  2.  It  is  hereby  declared  to  be  unlawful  to  sell,  give 
away,  lease,  grant,  or  otherwise  dispose  of  lots,  plats,  parks,  or 
pieces  of  ground  so  laid  out,  established  or  prepared,  as  in  Section 
1  of  this  chapter  set  forth,  or  to  cause,  procure,  take  part  in, 
authorize  or  allow  the  interment  of  the  dead  therein. 

Penalty. 

Section  3.  Any  person  or  persons,  association  or  corpora- 
tion or  otherwise,  violating  any  of  the  provisions  of  this  chapter, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  any  person  or  persons  so  offending,  and  in  case  of  associa- 
tion or  corporation,  the  duly  elected  and  existing  officers  thereof, 
shall  be  fined  in  a  sum  not  less  than  twenty  ($20)  dollars  nor 
more  than  one  hundred  (SlOO)  dollars  for  each  and  every  viola- 
tion or  offense  herein  designated  and  set  forth. 


ISO  RKVISKI)    ORDIXANOKS. 

CHAPTER  XVn. 

CIRCUSES.  THEATRES  AND  SHOWS. 
License. 

Section  1.  It  shall  be  unlawful  foi'  any  i)erson.  either  as 
owner,  manager,  agent,  employe  or  performer,  to  open,  carry  on, 
exhibit  or  to  take  part  in  any  circus  or  menagerie,  or  circus  and 
menagerie  combined,  or  wild  west  show  or  any  side  show  connected 
therewith,  unless  a  license  for  such  circus  or  menagerie,  circus 
and  menagerie  combined,  wild  west  show  oi-  side  show,  has  been 
first  secured  and  the  license  fee  hereinafter  provided  shall  have 
been  paid  into  the  city  clerk  of  the  city  of  Onuiha. 

License  fee. 

Section  2.  All  circuses,  with  or  without  nuMiagerie  and  side 
show,  charging  fifty  (50  cts.)  cents  admission  for  every  adult 
person  attending  said  circus,  shall  pay  the  sum  of  three  hundred 
($300)  dollars  as  a  license  fee  for  the  first  day's  exhibit  and  one 
hundred  and  fifty  ($150)  dollars  for  every  successive  day  after 
said  first  day. 

Fee. 

Section  3.  All  circuses,  with  or  without  menagerie  and  side 
shows,  charging  less  than  fifty  (50  cts.)  cents  and  not  less  than 
twenty-five  (25  cts.)  cents  admission  for  every  adult  person  at- 
tending said  circus,  shall  pay  as  a  license  fee  the  sum  of  one  hundred 
and  fifty  ($L50)  dollars  for  the  first  day's  exhibition,  and  the  sum 
of  seventy-five  ($75)  dollars  for  each  successive  day  after  said 
first  day. 

Fee. 

Section  4.  All  circuses,  with  or  without  menagerie  or  side 
shows,  charging  less  than  twenty-five  (25  cts.)  cents  admission 
for  each  adult  person  attending  said  circus  shall  pay  a  license 
fee  in  the  sum  of  twenty- five  ($25)  dollars  for  each  and  every 
day  said  circus  shall  i)erform  and  exhil)it  in  this  city. 

Dog  and  pony  show — Fee. 

Section  5.  It  shall  be  unlawful  for  any  j^erson.  either  as 
owner,  manager,  agent  or  employe,  to  open,  carry  on,  or  exhibit 


HKVI^KD    ()KI)i;\AX(   KS.  181 

any  doo-  or  pony  show  or  performance  of  learned  or  skilled  animals 
unless  the  license  fee  for  said  performance  shall  have  been  paid 
into  the  city  clerk  of  the  city  of  Omaha,  and  a  hcense  therefor 
shall  have  been  procured  as  hereinafter  provided.  All  such  shows 
charging  twenty-five  (25  cts.)  cents  or  more  for  every  adult  person 
attending  shall  pay  a  license  fee  in  the  sum  of  twenty  ($20)  dollars 
for  each  day's  exhibit.  All  such  shows  charging  less  than  twenty- 
five  (25  -cts.)  cents  admission  for  each  adult  person  attending, 
shall  pay  as  a  license  fee  the  sum  of  ten  ($10)  dollars  for  each 
day's  exhibition. 

Various  shows — Fees. 

Section  6.  It  shall  be  unlawful  for  any  person,  either  as 
owner,  manager,  agent  or  employe,  to  open,  carry  on,  or  exhibit 
any  of  the  hereinafter  named  shows  or  exhibitions  unless  a  license 
fee  in  the  sum  hereinafter  provided  has  been  paid  to  the  city 
clerk.  Each  and  every  tight  or  slack  rope  performance  in  the 
open  air,  from  house  to  house,  or  on  any  open  lot  or  over  and  across 
the  street,  the  sum  of  ten  ($10)  dollars,  for  every  twenty-four 
hours;  every  negro  minstrel  performance  or  Uncle  Tom's  Cabin 
Show,  the  sum  of  twenty  ($20)  dollars,  for  each  twenty-four 
hours;  every  exhibit  of  natural  curiosity,  freak  of  nature  or  learned 
or  skilled  animals,  including  organ  grinders  accompanied  by 
monkeys,  the  sum  of  five  ($5)  dollars  for  every  twenty-four  hours, 
provided  that  when  any  such  show  or  exhibition  is  had  or  given 
in  any  licensed  hall  or  building,  no  hcense  shall  be  required. 

Chief  of  Police,  duties  of. 

Section  7.  It  shall  be  the  duty  of  the  chief  of  police  or 
captain  of  the  poHce  to  be  present  at  every  exhibition  of  every 
circus  or  menagerie  and  to  see  that  the  provisions  of  this  ordinance 
are  strictly  enforced. 

Receipt. 

Section  8.  When  the  owner,  manager  or  agent  of  any  of 
the  shows  hereinbefore  mentioned,  pays  the  license  fee  herein- 
before provided  for  to  the  city  clerk  and  presents  the  approval 
of  the  hcense  inspector,  to  the  city  clerk,  the  said  city  clerk  shall 
issue  a  Hcense  to  said  circus  or  other  show  to  exhibit  in  said  city 
of  Omaha,  which  said  license  shall  state  the  amount  paid,  the 
kind  and  character  of  show,  place  of  performance  and  the  length 


182  REVISED    ORDINANCES. 

of  time  and  dates  upon  which  said  circus  or  other  show  is  entitled 
to  exhibit  in  said  city.  Every  such  hcense  shall  have  the  seal  of 
the  city  attached  and  be  attested  by  the  city  clerk  and  registered 
in  the  license  register. 

Tickets  limited. 

Section  9.  It  shall  be  unlawful  for  any  person  or  persons 
to  sell  or  in  any  manner  dispose  of  passes  or  tickets  of  admission 
of  any  description  for  any  circus  or  other  show  or  exhibition 
hereinbefore  described  within  the  city  of  Omaha,  to  or  for  a  greater 
number  of  persons  than  the  hall,  tent  or  other  place  of  exhibition 
will  conveniently  or  safely  accommodate  with  seats  constructed 
in  a  safe  manner,  or  to  admit  any  person  or  persons  to  such  tent 
or  other  place  of  exhibition  after  all  the  seats  therein  have  been 
filled. 

License — Theatres. 

Section  10.  Every  hall  or  building  to  be  used  as  a  theatre 
or  other  place  of  public  amusement  shall  pay  a  license  fee  into 
the  city  clerk  in  amount  as  follows: 

Those  having  a  seating  capacitj^  of  twelve  hundred  or  more, 
an  annual  license  of  one  hundred  and  fifty  ($150)  dollars,  and 
those  having  a  seating  capacity  of  less  than  twelve  hundred  per- 
sons, the  sum  of  seventy-five  ($75)  dollars  per  year. 

Good  order. 

vSection  11.  Any  person  or  persons  licensed  under  this  ordi- 
nance shall  keep  and  maintain  good  order  in  and  about  his  place 
of  exhibition  or  amusement,  and  shall  conduct  the  same  in  a  decent, 
decorous  and  proper  manner.  In  case  of  the  conviction  of  any 
person  or  failure  to  so  conduct  said  exhibition  or  amusement,  or 
whenever  the  mayor  is  satisfied  that  any  exhibition  or  amusement 
is  not  being  conducted  as  herein  provided,  the  mayor  may  suspend 
or  revoke  the  license  of  the  person  or  persons  so  violating  this 
ordinance. 

Penalty. 

Section  12.  Any  person  who  shall,  as  owner,  manager  or 
agent,  conduct  or  manage  any  exhibition  or  performance  or  public 
place  of  amusement  herein  mentioned  or  referred  to  before  ob- 
taining a  license  therefore,  or  after  such  license  shall  have  expired 


REVISED    ORDINANCES.  183 

or  have  been  revoked,  or  during  any  suspension  of  such  license, 
and  any  person  who  shall  do  any  act  in  violation  of  the  provisions 
of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  ($100)  dollars  and  not  less  than  five  ($5)  dollars  for 
each  and  every  offense. 

Exceptions. 

Section  13.  This  chapter  shall  not  apply  to  entertainments 
or  shows  given  by  churches,  fraternal  organizations  or  charitable 
institutions,  but  in  case  of  such  entertainments  or  shows  the 
mayor  may  grant  permit  without  payment  of  any  license  fee. 
Neither  shall  this  chapter  apply  to  street  parades,  and  the 
mayor  of  the  city  of  Omaha  is  hereby  authorized  and  empowered 
to  permit  street  parades. 

Mayor's  duties. 

Section  14.  The  mayor  is  hereby  authorized  to  sign  pre- 
hminary  contracts  relating  to  the  exhibition  of  any  of  said  shows 
not  inconsistent  with  this  chapter. 

Chattel  Loan  Brokers. 

See  Pawnln-okesr  and  Chattel  Loan  Brokers. 

Chief  of  Police,  Furnish  Notices  to  Vendors  of  Fruit. 
See  Misdemeanors,  Section  25. 

Chief  of  Police,  Report  Bagatelle  Tables  to  City  Council. 

See  Misdemeanors,  Section  91. 

Cigarettes,  Sale  of. 

See  Misdemeanors,  Section  96. 

Circulars,  Dodgers,  Unlawful  Distribution  of. 

See  Misdemeanors,  Section  92. 


184  .         rj:viski)  ordixancks. 


CHAPTER  XVIII. 

CITY  ABSTRACTER. 

Section  1.  That  the  office  of  City  Abstracter  and  title  exam- 
iner be  and  is  hereby  created. 

Section  2.  That  said  office  shall  be  filled  by  appointment 
by  the  mayor,  and  said  appointment  shall  be  confirmed  by  the 
city  council. 

Section  3.  It  shall  be  the  duty  of  said  officer  to  compile  all 
abstracts  of  title  to  property  owned  by  the  said  city  when  the  same 
shall  be  required;  to  certify  the  record  ownership  of  all  parties 
petitioning  for  public  improvements;  to  do  all  abstract  work  and 
make  all  examinations  of  titles  and  records  necessary  and  required 
by  the  various  departments  of  the  city  government  and  to  do  such 
toher  abstract  work  as  shall  be  required  by  the  mayor  and  city 
council. 

Section  4.  The  compensation  for  the  service  of  such  officer 
shall  be  and  is  hereby  fixed  at  fifteen  hundred  ($1,500)  dollars  per 
annum,  payable  monthly. 


JCEVISKD    ORDINANCES,  185 

CHAPTER  XIX. 
CITY  CLERK. 

City  Clerk,  Notify  Railroads  to  Locate  Arc  Light  at  Street  Intersections. 

See  Streets,  Sec-tiou  20. 

Duty. 

Section  1.  It  shall  be  the  duty  of  the  city  clerk  to  attend  all 
meetings  of  the  city  council  and  keep  a  correct  record  of  the  pro- 
ceedings thereof,  and  after  each  meeting  and  before  the  next  regidar 
meeting  thereafter,  make  a  full,  true  and  complete  journal  of  such 
proceedings  in  proper  books  provided  for  that  purpose,  with  such 
marginal  references  in  red  ink  as  will  indicate  the  nature  of  the 
record  or  the  action  of  the  council. 

Additional  duties. 

Section  2.  It  shall  also  be  the  duty  of  the  city  clerk  to  present 
for  the  consideration  and  action  of  the  city  council,  all  petitions 
and  communications  placed  in  his  custody  for  such  purpose,  and 
to  submit  to  the  mayor  for  his  action  thereon,  all  ordinances  or 
resolutions  requiring  his  approval,  within  forty-eight  hours  after 
the  passage  or  adojDtion  thereof. 

Custody  of  seal — Attestation — Fees. 

Section  3.  The  city  clerk  shall  have  the  custody  of  the  city 
seal,  the  records  of  the  city  council,  and  of  all  ordinances  and  reso- 
lutions passed  or  adopted  by  the  city  council,  and  of  all  such 
papers  and  documents  as  are  not  required  to  be  deposited  with 
any  other  officers.  He  shall  carefully  keep  and  preserve  all  books, 
reports,  resolutions,  ordinances,  petitions,  communications  and 
other  papers  which  may  come  into  his  possession  as  clerk,  fifing  and 
arranging  them  in  a  manner  convenient  for  reference.  He  shall 
attest  by  his  signature  as  city  clerk  and  the  seal  of  the  city,  all 
public  instruments  or  official  acts  of  the  mayor,  whenever  requested 
so  to  do,  and  he  shall  also  certify  under  his  official  hand  and  the 
seal  of  the  city,  all  copies  of  such  original  documents,  records  or 
proceedings  in  his  office  as  may  be  required  by  any  person,  upon 
payment  by  the  person  requiring  the  same  for  the  use  of  the  city, 


186 


RK VIS !■; I)    OHni NANCES. 


of  the  following  fees,  to- wit:    ten  cents  per  hundred  words  and 
twenty-five  cents  additional  for  each  certificate. 

Notice   of  special  meetings— Committees. 

Section  4.  The  mayor  or  any  five  councilmen  may  call 
a  special  meeting  of  the  city  council  in  the  manner  provided  by 
the  act  incorporating  metropolitan  cities. 

It  shall  also  be  the  duty  of  the  city  clerk  to  notify  the  several 
committees  of  the  council  of  the  business  referred  to  them,  and 
promptly  deliver  to  the  chairman  of  each  of  said  committees,  such 
papers,  or  copies  thereof,  as  may  be  required  for  the  efficient  trans 
action  and  disposal  of  such  business. 

Record  of  licenses. 

Section  5.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a 
record  of  all  licenses  issued  or  granted  by  the  city,  and  from  time 
to  time,  or  as  often  as  may  be  required,  furnish  to  the  mayor  or 
chief  of  police,  a  statement  of  all  licenses  in  force. 

Additional  duties— Deputy.ip^#i#^:f^  ^  % 

Section  6.  The  city  clerk  shall  perform  such  other  duties  as 
the  city  council  may  by  resolution  require.  In  the  absence  of  the 
city  clerk,  the  deputy  city  clerk  to  be  designated  as  such  deputy 
by  the  city  clerk  shall  perform  the  duties  or  any  thereof,  herein 
required  of  the  city  clerk. 

City  Engineer,  Supervise  Work  on  Streets  by  Private  Persons  or  Companies. 

See  Street  Railways,  Sections  12  and  14. 


CHAPTER  XX. 

CITY  COUNCIL. 
Meetings  of. 

Section  1.  The  regular  meetings  of  the  city  council  shall  be 
on  Tuesday  of  each  week,  commencing  at  the  hour  of  8  o'clock 
p.  m. 


REVIiSKD    ORDINANCES.  187 

CHAPTER  XXI. 

CITY  PHYSICIAN. 

Section  1.  In  all  cases  where  a  member  of  the  fire  or  police 
department  has  been  injured,  while  engaged  in  the  discharge  of 
the  duties  of  his  position,  it  shall  be  the  duty  of  the  city  physician, 
upon  the  request  of  the  person  injured,  or  of  any  member  of  his 
family,  or  when  directed  so  to  do  by  the  mayor,  to  attend  and  treat, 
professionally,  such  injured  person,  and  to  render  him  all  necessary 
medical  and  surgical  aid,  such  services  to  be  rendered  or  performed 
by  the  city  physician,  without  charge  to  the  city,  or  to  the  person 
injured,  or  the  person  or  persons  requesting  or  directing  him  to 
perform  the  same. 

City  Treasurer,  Daily  Deposit  of  Funds. 

See  Comptroller,  Section  5. 


CHAPTER  XXII. 

CLAIM  AGENT,  CITY. 

Section  1.  That  the  office  of  City  claim  agent  be  and  is 
hereby  created. 

Section  2.  That  said  office  shall  be  filled  by  appointment 
by  the  mayor,  and  said  appointment  shall  be  confirmed  by  the 
city  council. 

Section  3.  It  shall  be  the  duty  of  said  officer  to  investigate 
all  claims  for  damages  or  otherwise  against  the  City  of  Omaha,  to 
look  after  and  preserve  the  records  of  the  evidence  in  each  case  and  to 
do  all  other  work  in  reference  to  the  preparation  of  cases  on  behalf  of 
the  city  as  may  be  required  by  the  city  attorney,  and  to  do  such 
other  work  as  shall  be  required  by  the  mayor  and  city  council. 

Section  4.  The  compensation  for  the  services  of  such  officer 
shall  be  and  hereby  is  fixed  at  one  thousand  two  hundred  ($1,200) 
dollars  per  annum,  payable  monthly. 

Claims  Against  City,  Tax  Set  Off  Against. 

Sec  Ta.xes. 


If^S  RKYISKl)    OKDIXAXCKS. 

CHAPTER  XXIII. 

License.  COAL  AND  COAL  DEALERS. 

Section  1.  No  person,  firm  or  corporation  shall  hereafter 
engage  in  the  business  of  selling  coal  or  coke  in  the  city  of  Omaha, 
without  having  first  paid  the  license  fee  hereinafter  provided,  and 
complying  with  the  other  requirements  of  this  chapter. 

Fee. 

Section  2.  Every  person,  firm'  or  corporation  now  or  here- 
after engaged  in  the  business  of  selling  coal  or  coke  in  the  city  of 
Omaha  shall  make  annual  payment,  at  the  office  of  the  city  clerk, 
of  the  sum  of  twenty  ($20)  dollars.  The  said  payment  to  the 
city  clerk  shall  entitle  the  person,  firm  or  corporation  making 
the  payment  to  receive  a  license  for  the  selfing  of  coal  and  coke 
in  the  city  of  Omaha,  for  the  then  current  year  or  part  thereof; 
said  year  to  be  reckoned  from  January  1  to  December  3L 
Said  hcense  shall  state  briefly  and  concisely  the  purpose  and  time 
for  which  issued,  and  be  signed  by  the  city  clerk,  and  bear  the  seal 
of  the  city  impressed  thereon. 

Provided,  Said  Hcense  may,  at  any  time  after  the  issuance 
thereof,  be  revoked,  or  canceled  and  annulled  by  the  mayor  and 
city  council,  upon  conviction  of  the  person,  firm  or  corporation 
to  whom  the  same  Avas  issued,  of  any  of  the  ofTenses  hereinafter 
named  in  this  chapter. 

Provided,  Also,  that  said  license  shall  cover  only  the  business 
office  of  the  licensee,  and  in  addition  thereto,  only  one  yard  office, 
and  that  an  additional  hcense  shall  be  required  for  each  additional 
yard    or    business    office. 

Certificate  of  weight. 

Section  3.  Every  person,  firm  or  corporation  engaged  in  the 
business  of  selhng  coal  or  coke  in  the  city  of  Omaha,  to  be  defivered 
by  wagon,  shall  deliver  or  cause  to  be  delivered  to  every  purchaser 
of  coal  or  coke,  or  his  agent,  at  the  time  of  delivery  and  before 
unloading  any  portion  thereof,  a  certificate  showing  the  exact 
weight  of  the  coal  or  coke  so  delivered.  Provided,  that  upon  the 
request  of  the  purchaser  at  the  time  of  weighing  said  coal  or  coke 
and  the  payment  of  ten  cents  to  cover  the  legal  weighing  fee,  the 


KKVISi:i)    OKDIXANCES.  189 

dealer  shall  cause  said  coal  or  coke  to  be  weighed  before  dehvery, 
by  the  city  weigher,  and  a  certificate  of  said  weight  shall  be  de- 
livered to  the  purchaser  at  the  time  of  the  delivery  of  said  coal  or 
coke. 

Re-weighing. 

Section  4.  Every  purchaser  of  coal  or  coke  shall  have  the 
right,  before  receiving  or  accepting  same  at  the  place  of  dehvery,  to 
require  of  the  seller  of  said  coal  or  coke,  his  employe  or  servant, 
that  the  same  be  weighed  by  a  city  weigher,  and  if,  upon  such 
re-weighing,  the  weight  thereof  is  found  to  be  equal  to  or  greater 
than  the  weight  stated  in  the  certificate  required  to  be  issued  by 
section  3  of  this  ordinance,  then  the  purchaser  shall  pay  the  ex- 
pense of  such  re-weighing;but  in  case  the  weight  of  such  coal  or 
coke  shall  be  found  to  be  less  than  the  amount  so  stated,  then  the 
expense  of  such  re-weighing  sjiall  be  paid  by  the  seller  thereof. 
Providecl  such  expense  shall  be  and  include  the  legal  fee  for  weigh- 
ing, and  a  cartage  fee  of  twenty-five  cents  for  each  ton  or  fraction 
thereof. 

Name  on  Wagon. 

Section  5.  It  shall  be  the  duty  of  every  person,  firm  or  cor- 
poration deahng  in  coal  or  coke  to  cause  the  name  or  style  of  such 
person,  firm  or  corporation  to  be  conspicuously  displayed  upon 
every  wagon  or  other  vehicle  employed  by  such  person,  firm  or 
corporation  in  delivering  coal  or  coke  within  the  city  of  Omaha 
while  so  employed. 

Powers,  City  Inspectors. 

Section  6.  It  shall  be  the  duty  of  the  inspector  of  weights 
and  measures  or  the  license  inspector  to  secure  and  supervise 
the  re-weighing  of  any  tons  or  parts  of  tons  of  coal  or  coke  found 
by  them  in  transit  on  loaded  wagons  or  other  vehicles  for  delivery 
in  the  city  of  Omaha.  The  said  inspectors,  or  either  of  them,  are 
hereby  authorized  and  empowered  to  require  the  drivers  or  other 
persons  in  charge  of  such  tons  or  parts  of  tons  of  coal  or  coke  to 
submit  the  same  to  such  re-weighing,  and  such  re- weighing  shall  be 
done  by  a  city  weigher.  The  said  license  inspector  or  inspector  of 
weights  and  measures  shall  cause  the  re- weighing  of  deliveries  of 
coal  or  coke  of  the  respective  dealers  in  the  ratio,  as  nearly  as  can 
be,   which  the  total  number  of  deliveries   made  by  such   dealer 


190  REVISED    ORDINANCES. 

bears  to  the  total  number  of  deliveries  made  by  all  the  dealers; 
Provided,  they  shall  cause  the  re- weighing  of  at  least  one  dehvery 
of   each    dealer   each    week. 

Records. 

Section  7.  It  shall  also  be  the  duty  of  said  inspectors  to  keep 
a  record  of  all  re- weighing  done  b}'  their  or  either  of  their  direction 
in  a  book  provided  for  that  purpose  by  the  city.  This  record  shall 
consist  of  a  certificate  made  in  duplicate,  and  substantialh^  in  the 
following  form: 

(FORM  OF  CERTIFICATE.) 

City  of  Omaha,  Office  of  Coal  Weight  Inspector 19 

Certificate  of  re-weighing  at 

Seller Official  Weight. 

Purchaser .Gross 

Address Tare 

Contents Net 

Seller's  weight Signed 

Ticket  No City  Weigher. 

Re- weighed  in  my  presence  and  found  correct, 

Inspector  of  Weights  and  Measures. 

Said  certificate  shall  show  the  names  of  the  seller  and  pur- 
chaser, the  contents  of  the  wagon  or  other  vehicle,  the  number 
of  the  seller's  ticket  and  the  weight  shown  by  same;  also  the  date 
and  place  of  re-weighing  and  the  actual  gross,  tare  and  net  weights, 
as  ascertained  by  the  city  weigher  on  re-weighing  the  coal  or  coke. 

Said  certificate  shall  be  signed  b}-  said  cit}^  weigher  and 
attested  by  the  signature  of  the  inspector  of  weights  and  measures 
or  the  license  inspector.  The  duplicate  shall  be  delivered  to  the 
teamster  in  charge  of  the  load  of  coal  or  coke  re  weighed,  and  the 
original  shall  be  retained  by  the  inspector  until  the  end  of  the 
month,  when  it  shall  be  turned  in  with  his  monthly  report  to 
the  comptroller. 

.  In  case  of  a  difference  greater  than  thirty  pounds  between 
the  weights  shown  by  the  seller's  ticket  and  the  weight  ascertained 
by  re-weighing,  the  inspector  shall  mail  to  the  purchaser,  no  later 
than  the  day  following  the  reweighing  of  the  load  of  coal  or  coke 
in  question,  a  copy  of  the  certificate  of  re- weighing;  and  for  all 
purposes  of  accounting  between  the  parties  to  the  sale,  the  re- 


IlEVISED    ORDI^'A^X•I^S.  191 

weight  shown  by  the  inspector's  certificate,  or  the  copy  aforesaid, 
shall  be  taken  and  deemed  to  be  the  actual  weight. 

It  shall  be  the  further  duty  of  said  inspectors,  at  the  close  of 
each  calendar  month,  to  make  a  full  report  in  writing,  to  the 
comptroller,  of  all  re-weighing  ordered  and  supervised  by  them 
or  either  of  them  during  the  month;  which  report  shall  be  a  tabu- 
lated statement  of  the  matters  shown  by  the  original  certificates, 
which  shall  accompany  said  report,  arranged  in  the  order  of  their 
dates. 

It  shall  be  the  duty  of  all  city  weighers  to  re- weigh  aU  coal 
or  coke  at  the  request  of  the  inspector  of  weights  and  measures 
or  the  license  inspector,  free  of  charge,  and^to  make  the  proper 
record  of  said  re-weighing  in  a  book  provided  by  the  city  for  that 
purpose. 

Underweight — Penalty. 

Section  8.  It  is  hereby  declared  to  be  unlawful  and  a  mis- 
demeanor for  any  person,  firm  or  corporation,  or  officer  or  agent 
thereof,  to  sell,  furnish  or  deliver,  or  cause  to  be  sold,  furnished 
or  delivered  to  any  purchaser  a  less  quantity  of  coal  or  coke  than 
the  weight  stated  in  the  certificate  accompanying  the  same. 
Provided,  that  thirty  pounds  shall  be  allowed  as  variation  between 
the  scales. 

Any  failure  or  neglect  on  the  part  of  the  inspector  of  weights 
and  measures  or  the  license  inspector  to  perform  the  duties  herein 
set  forth,  or  any  of  them,  or  any  connivance  or  collusion  on  their 
part,  whereby  the  objects  sought  to  be  obtained  by  the  system 
of  reweighing  herein  provided  may  be  frustrated,  or  any  neglect 
or  refusal  on  the  part  of  any  person,  firm  or  corporation  dealing 
in  coal  or  coke,  or  their  employes,  or  any  cit}^  weigher,  to  comply 
with  the  proper  requirements  of  the  inspector  of  weights  and 
measures  or  the  license  inspector,  or  any  interference  or  obstruc- 
tion to  the  performance  of  the  duties  in  this  chapter  set  forth, 
or  any  of  them,  by  any  person  or  persons  whomsoever,  or  any 
failure  to  comply  with  the  requirements  of  this  chapter  or  any 
of  them,  shall  be  deemed  a  misdemeanor.  Any  person,  firm  or 
corporation,  upon  conviction,  shall  be  fined  not  less  than  five 
($5)  dollars  or  more  than  one  hundred  ($100)  dollars. 

Coasting. 

See  Misdcincanors,  Section  .'^O. 


102  REV1.sk  D    ORDINANCES. 

CHAPTER  XXIV. 

License  to  keep.  COMBUSTIBLES. 

Section  1.  No  person  shall,  within  the  limits  of  the  city  of 
Omaha,  keep  on  hand  for  sale,  gunpowder  in  any  quantity,  with- 
out having-  a  license  so  to  do,  such  license  to  be  issued  in  the  usual 
manner,  on  the  payment  of  a  yearly  license  tax  of  five  ($5)  dollars. 

Fire-proof  magazines. 

Section  2.  No  person,  other  than  retailers  of  gunpowder, 
shall  keep  or  store  gunpowder,  exceeding  in  amount  of  five  pounds, 
in  any  store,  warehouse  or  other  place  within  the  corporate  limits 
of  this  city,  unless  the  same  is  stored  in  a  fire-proof  magazine, 
the  location  of  which  shall  have  been  approved  by  the  mayor 
and  the  chief  engineer  of  the  fire  department. 

Amount  to  be  kept. 

Section  3.  No  retailer  of  gunpowder  shall  keep  or  store  any 
quantity  thereof  to  exceed  twenty-five  pounds  weight  in  any 
store,  shop  or  other  place  within  this  city,  except  in  a  magazine 
as  aforesaid;  and  when  less  than  twenty-five  pounds  are  kept 
on  hand,  the  same  shall  be  kept  in  good  tin,  copper  or  zinc  canisters, 
to  be  kept  securely  closed,  except  when  in  use,  such  canisters  to 
contain  not  more  than  five  pounds  each.  He  shall  keep  a  sign 
over  the  front  door  of  the  store  in  which  gunpowder  is  kept,  with 
the  word  "Gunpowder"  painted  thereon  in  plain  letters.  No 
person  shall  sell  or  in  any  manner  dispose  of  or  handle  gunpowder 
in  a  loose  state,  except  during  daylight. 

Carrying  through  streets. 

Section  4.  No  person  shall  carry  or  convey  through  the 
streets,  any  quanity  of  gun  powder  exceeding  one  pound  in  weight 
unless  the  same  is  fully  secured  in  tight  kegs  or  cases  so  as  to 
prevent  such  powder  from  being  spilled  or  scattered. 

Penalty. 

Section  5.  If  any  person  violates  any  of  the  foregoing  pro- 
visions of  this  chapter,  such  person  shall,  on  conviction  thereof, 
be  fined  in  any  sum  not  less  than  five  ($5)  dollars,  nor  more  than 


Ki;\lSKT)    ORDINANCK.N.  193 

one  hundred  ($100)   dollars,  and  may  also  be  imprisoned  not  to 
exceed  one  month. 

Chief  of  Police  to  search. 

Section  6.  Whenever  any  resident  householder  shall  make 
a  complaint  in  writing  to  the  chief  of  pohce  or  mayor,  that  he  has 
reason  to  and  does  verily  beheve,  that  gunpowder  is  being  kept  in 
any  place  in  this  city  contrary  to  the  provisions  of  this  chapter, 
the  chief  of  pohce  shall  make  a  thorough  search  and  examination 
of  such  premises,  and  if  any  gunpowder  is  found  therein  contrary 
to  the  foregoing  provisions,  the  chief  of  pohce  shall  prosecute  the 
person  or  persons  guilty  of  so  keeping  the  same. 

Hay,  straw,  shavings,  etc. 

Section  7.  It  shall  be  unlaw^ful  for  any  person  or  persons 
to  keep,  store,  pile,  erect,  maintain,  or  permit  upon  any  premises 
owned,  occupied  by,  or  under  control  of  him  or  them,  any  inflam- 
mable or  combustible  material  such  as  hay,  straw,  shavings,  rags, 
wool,  lumber,  or  other  substance,  in  such  a  manner  as  to  endanger 
the  safety  of  any  luiilding  or  structure  within  said  city. 

Notification — Refusal. 

Section  S.  It  shall  be  the  duty  of  the  chief  engineer  of  the 
fire  department  to  notify  any  person  or  persons,  who  shall  violate 
any  of  the  foregoing  provisions,  to  remove  or  dispose  of  such  com- 
bustible or  inflammable  material  in  such  a  manner  that  the  same 
will  not  endanger  the  safety  of  any  building  or  structure;  and  any 
person  or  persons  who  shall  for  the  space  of  forty-eight  hours  after 
such  notice  permit  such  combustible  material  to  remain  upon 
premises  owned,  occupied  by  or  under  his,  her  or  their  control,  in 
such  manner  as  to  be  dangerous  to  the  safety  of  any  adjacent 
building  or  structure,  shall,  upon  conviction  thereof  be  fined  in  any 
sum,  not  more  than  thirty  (S30)  dollars,  nor  less  than  ten  ($10) 
dollars,  or  be  imprisoned  not  to  exceed  ten  days,  and  shall  be 
deemed  guilty  of  a  like  offense  and  subject  to  a  like  fine  for  each 
twenty-four  hours  that  svu-h  combustible  or  inflammable  material 
is  permitted  to  remain  upon  such  premises  so  as  to  endanger  the 
safety  of  adjoining  buildings  or  structures  as  aforesaid. 


194  REVISED    ORDINANCES. 

Coal  Oil  and  products. 

Section  9.  It  shall  be  unlawful  for  any  person,  partnership 
or  corporation  to  store  or  keep  for  sale  or  keep  any  coal  oil  or 
other  product  of  petroleum  in  front  of  any  building  or  on  any 
street,  alley,  lot  or  sidewalk  within  the  corporate  limits  of  the  city 
of  Omaha  for  any  longer  time,  not  to  exceed  six  (6)  hours,  than 
is  sufficient  to  receive  in  store  or  to  deliver  the  same. 

Quantities. 

Section  10.  It  shall  be  unlawful  for  any  person,  partnership 
or  corporation  to  store  or  keep  within  the  corporate  limits  of  the 
city  of  Omaha  any  coal  oil  or  other  product  of  ]3etroleum  in  quan- 
tities exceeding  ten  (10)  gallons  of  each  of  said  products  unless 
the  same  be  stored  or  kept  in  quantities  not  exceeding  one  barrel 
of  Hity  (50)  gallons  of  each  of  said  articles  in  a  cellar,  the  floor  of 
which  shall  be  at  least  five  (5)  feet  below  the  grade  of  the  adjacent 
street,  or  unless  the  same  be  stored  or  kept  in  manner  and  form 
as  hereinafter  provided. 

Warehouses. 

Section  11.  Any  person,  partnership,  or  corporation  OMaiing 
or  possessing  within  the  city  a  fire-proof  warehouse  detached  and 
clear  of  other  buildings  and  at  least  fifty  (50)  feet  distant  and 
exclusively  used  for  the  storage  of  coal  oil  and  other  products  of 
petroleum,  and  properly  ventilated  for  that  purpose,  having  be- 
neath its  ground  floor  an  open  space  or  cellar  three  feet  or  more 
in  depth  below  the  surface  of  the  adjacent  ground,  may  apply  to 
the  city  council  of  this  city  for  a  permit  to  use  said  warehouse 
exclusively  for  said  purpose;  and  if  the  city  council  with  the 
consent  of  the  mayor  shall  grant  such  permit,  then  said  warehouse 
may  be  used  for  the  keeping  and  storage  of  said  articles  so  long  as 
said  permit  shall  remain  in  force;  Provided,  Said  warehouse  shall 
be  used  for  no  other  purpose  whatever  than  said  storage  purpose; 
Provided,  further.  That  no  such  permit  shall  be  granted  for  the 
keeping  or  storage  of  any  of  said  articles  wdthin  the  fire  limits  of 
the  city  of  Omaha. 

Tanks,  location  of. 

Section  12.  Any  person,  partnership,  or  corporation  having 
or  constructing  or  being  about  to  construct  within  the  city  of 
Omaha  and  outside  of  the  fire  limits  tfiereof  tanks  to  be  exclusively 


REVISKD    ORDINANCES.  195 

for  keeping  and  storing  coal  oil  and  other  products  of  petroleum 
may  apply  to  the  city  council  of  this  city  for  a  permit  to  construct 
and  use  said  tanks  exclusively  for  said  purpose,  giving  in  said 
application  a  detailed  description  of  the  ground  upon  which  such 
tanks  are  or  are  proposed  to  be  located;  and  if  the  city  council 
with  the  approval  of  the  mayor  shall  grant  such  permit,  then  said 
tanks  may  be  constructed  and  used  for  said  purpose;  Provided, 
Said  tanks  shall  be  fire-proof  and  constructed  exclusively  of  tank 
iron;  provided  that  said  tanks  and  the  maintenance  and  use  thereof 
shall  be  subject  to  all  rules,  regulations  and  ordinances  appUcable 
thereto  heretofore  in  force  or  which  may  be  hereafter  prescribed 
by  ordinance  or  concurrent  resolution  of  the  city  council. 

Penalty. 

Section  13.  Any  person,  partnership  or  corporation  violating 
any  of  the  provisions  of  sections  9,  10,  11,  12  of  this  chapter  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  five  ($5)  nor  more  than  one  hundred 
($100)  dollars,  and  the  keeping  or  storing  of  the  articles  herein 
mentioned  contrary  to  the  provisions  of  this  chapter  shall  be 
held  and  deemed  to  be  a  nuisance  and  may  be  abated  as  such. 

Commissioner  of  Health,  Supervisor  Dog  Pound. 

See  Animals,  Section  28. 


196 


RKVISKD    OR DI X AX CK;: 


CHAPTER  XXV. 

COMPTROLLER  AND  TREASURER. 
General  accountant  of  city — Duties. 

Section  L  The  comptroller  shall  act  as  the  general  account- 
ant of  the  cit}'.  and  it  shall  be  his  duty  under  the  direction  of  the 
mayor  and  city  council,  to  keep  a  complete  set  of  books,  wherein 
shall  be  stated,  among  other  things,  the  amount  of  the  appropri- 
ation that  has  been  made,  or  the  fund  that  has  been  created  for 
each  distinct  object  of  expenditure,  and  the  amount  that  has  been 
expended  on  account  of  such  appropriation  or  fund.  He  shall 
also  keep  full,  clear,  correct  and  separate  accounts  or  all  the  rev- 
enues, funds  and  incomes  payable  into  the  city  treasury,  and  of 
all  disbursements  on  account  thereof.  He  shall  also  keep  accurate 
and  separate  accounts  between  the  city  and  the  officers  of  the 
city,  and  between  the  city  and  all  contractors  or  other  persons 
doing  work  or  furnishing  material  for  the  city.  He  shall  also 
keep  a  regular  and  accurate  account  of  debit  and  credit  with  the 
city  treasurer,  charging  said  treasurer  with  the  amount  of  taxes 
levied  on  the  assessment  roll  and  giving  him  credit  for  all  dupli- 
cate receipts  furnished  with  his  statements,  and  keep  an  account 
in  like  manner  with  said  treasurer  whenever  assessments  and  ap- 
propriations are  matle  and  expenditures  ordered  for  any  special 
object.  He  shall  also  carefully  examine  and  check  the  annual 
report  of  the  city  treasurer,  and  communicate  to  the  city  council 
as  soon  thereafter  as  practicable,  theVesult  of  such  examination, 
and  he  shall  also  carefully  examine  each  month  the  account,  state- 
ment and  vouchers  required  by  law  to  be  rendered  at  the  end  of 
each  month  by  the  city  treasurer,  making  from  time  to  time  such 
report  to  the  city  council  concerning  such  accounts  and  statements 
as  may  seem  necessary  and  proper.  He  shall  also  keep  a  record 
of  the  bonds  issued  by  the  city,  and  shall  see  that  all  bonds,  upon 
payment   thereof,   are   jn'operly   canceled   and   destroyed. 

Additional  duties. 

Section  2.     Whenever  the  appropriation  for  any  specific  ob- 
ject has  been  wholly  expended,  or  the  amounts  for  which  warrants 
upon  any  fund  may  lawfully  be  issued  has  been  reached,  it  shall  . 
be  the  duty  of  the  comptroller  immediately  to  conununicate  such 


REVISKU    OKDINAXCES.  197 

fact  to  the  city  council;  and  whenever  requested,  he  shall  furnish 
to  the  city  council  or  to  any  city  official,  information  upon  any 
subject  connected  with  his  office,  and  submit  each  month  to  the 
city  council  a  statement  showing  the  condition  of  the  several  funds 
of  the  city;  and  at  the  close  of  each  fiscal  year  he  shall  submit  to 
the  city  council  a  full  statement  of  all  receipts  and  expenditures 
of  such  year,  giving  in  detail  the  amount  of  the  appropriation  and 
of  the  expenditure  for  each  specific  oljject,  the  receipts  from  each 
source  of  income,  the  amount  of  bonded  and  other  indebtedness, 
the  reduction  or  increase  in  the  city  debt,  and  the  changes,  if  any, 
of  the  funds  of  the  city.  He  shall  also,  each  year,  in  time  for  the 
annual  levy,  furnish  to  the  city  council  an  estimate  of  the  amount 
of  money  which  it  will  be  necessary  to  raise  to  meet  the  expend- 
itures for  the  ensuing  year,  giving  under  each  of  the  respective 
heads  of  appropriation,  a  detailed  account  or  statement  of  the 
purpose    f(u-    which    the    appropriation    is    needed. 

Appropriation  ordinance — Accounts  and  claims. 

Section  3.  It  shall  also  be  the  duty  of  the  comptroller  to 
prepare  and  present  to  the  city  council,  at  the  first  meeting  of  the 
council  in  each  month,  and  at  such  other  times  as  may  be  required, 
all  ordinances  necessary  and  proper  for  the  purpose  of  appropri- 
ating money  for  paying  the  liabilities  of  the  city;  and  it  shall  be 
the  duty  of  the  comptroller  to  examine  in  detail  all  claims,  bills 
and  accounts  against  the  city,  and  if  found  to  be  correct,  to  audit 
the  same,  subject  to  the  approval  of  the  mayor  and  city  council; 
and  upon  approving  any  such  claim,  bill  or  account,  and  the  same 
being  approved  by  the  appropriate  committee  of  the  council,  the 
comptroller  shall  include  such  claim,  bill  or  account  in  the  next 
appropriation.  Provided,  there  remains  in  the  city  treasury  fimds 
necessary  for  that  purpose. 

Record  of  property — Rents. 

Sectioii  4.  It  shall  also  be  the  duty  of  the  comptroller  to 
keep  a  record  of  the  real  and  personal  propert}'^  of  the  city,  and  to 
see  that  all  rents  and  profits  of  all  lots  or  parcels  of  real  estate  be- 
longing to   the   city   are   proriiptly   collected. 

Funds  of  city — Deposit  of. 

Section  5.  It  is  hereby  made  the  duty  of  the  city  treasurer 
of  the  city  of  Omaha,  before  10.30  o'clock  a.  m.  of  each  day,  when 


198  BKVISED    ORDINANCES. 

his  office  shall  be  open  for  the  payment  of  taxes  or  receiving  rev- 
enues, to  deposit  in  the  bank  or  banks  having  contracts  with  the 
city  for  the  depositing  of  funds  of  the  city,  all  public  moneys  or 
revenues  of  the  city  received  by  him,  his  deputies  or  assistants, 
during  the  previous  day,  except  such  sums  as  ma}-  be  necessary 
for  change  and  ordinary  cash  payments,  and  to  have  properly  and 
correctly  entered  in  the  proper  bank  or  deposit  books  the  amount 
of  such  deposits,  together  with  all  items  of  interest  allowed  thereon, 
filing  dviplicate  carbon  deposit  slip  with  the  city  comptroller,  pro- 
perly stamped  by  the  depository  bank,  and  whenever  the  receipts 
of  any  day,  subsequent  to  10.30  a.  m.  and  prior  to  2  p.  m.  are  in 
excess  of  twenty-five  hundred  dollars  ($2,500.00)  it  shall  be  his 
duty,  in  like  manner,  to  make  a  second  deposit  of  all  funds  avail- 
able for  that  purpose. 

Loan  prohibited. 

Section  6.  The  city  treasurer  is  hereby  prohibited  from  ad- 
vancing or  loaning  to  any  official  of  the  city,  or  any  employe  of 
the  city,  or  any  contractor  or  other  person,  any  pay,  salary,  or 
part  of  pay  or  salary,  or  to  otherwise,  in  any  manner,  pay  out  any 
of  the  funds  of  the  city  except  as  expressly  authorized  by  law  or 
the  ordinances  of  the  city  or  concurrent  resolution  of  the  mayor 
and  council.  Any  violation  of  any  provision  or  requirement  of 
this  section  shall  subject  the  city  treasurer  to  immediate  removal 
from  office. 

Funds — How  drawn. 

Section  7.  That  no  money  or  funds  of  the  city  shall  be  drawn 
from  any  bank  depository  except  by  check  of  the  city  treasurer, 
countersigned  by  the  city  comptroller,  who  shall  at  once  charge 
the  city  treasurer  therewith,  and  the  stub  of  such  check  book  shall 
show  the  date,  the  amount,  the  number  of  check  and  the  purpose 
for  which  drawn.  All  banks  or  depositories  having  city  funds 
on  deposit  are  hereby  prohibited  from  paying  any  check  not  pro- 
perly signed  by  the  city  treasurer  and  countersigned  by  the  city 
comptroller.  The  city  treasurer  and  city  comptroller  are  hereby 
authorized,  when  any  outstanding  obligations  of  the  city  for  prin- 
cipal or  interest  are  about  to  become  due  in  New  York,  and  the 
proper  funds  are  available  for  the  purpose  of  paying  the  same,  to 
draw  checks  covering  such  obligations,  said  checks  to  show  upon 
their  face  the  purpose  for  which  drawn,  and  to  be  made  payable 


REVISED    ORDINANCES.  199 

to  the  order  of  the  bank  at  which  drafts  are  proposed  to  be  ob- 
tained, such  drafts  to  be  made  payable  to  the  order  of  the  fiscal 
agency,  bank  or  person  to  whom  such  outstanding  obligations  are 
payable. 

Depositories — Duty  of. 

Section  8.  It  is  herel3v  made  the  duty  of  the  city  depositories  to 
transmit  to  the  city  comptroller,  at  the  close  of  each  month,  an 
itemized  statement  of  the  account  with  the  city  treasurer  for  the 
previous  month. 

Comptroller  to  check  accounts. 

Section  9.  It  is  hereby  made  the  duty  of  the  city  comptroller 
to  check  the  books  of  the  city  treasurer  monthly,  and  at  such  other 
times  as  may  be  necessary,  and  to  count  the  cash  and  verify  bank 
balances  each  month  and  also  at  such  times  as  he  may  deem  best, 
mthout  notice,  at  least  four  times  each  year,  and  to  report  the 
result  of  such  investigation  to  the  city  council. 

Receipts. 

Section  10.  All  blank  receipts  used  in  the  office  of  the  city 
treasurer  shall  be  furnished  by  the  comptroller,  and  all  receipts 
of  each  class  shall  be  consecutively  numbered,  and  when  issued 
shall  show  upon  their  face  the  correct  date  and  amount  thereof 
and  the  purpose  for  which  issued,  and  when  the  same  include 
interest,  the  amount  and  rate  thereof,  together  with  such  other 
information  as  will  enable  the  proper  checking  of  the  item  or 
items  covered  by  said  receipt,  without  reference  to  the  tax  books 
or  other  records.  It  shall  be  the  duty  of  the  city  comptroller  to 
keep  an  accurate  record  of  all  blank  receipts  furnished  to  the  city 
treasurer,  together  with  the  numbers  thereof,  and  it  is  hereby  made 
a  misdemeanor  for  the  city  treasurer  to  use  any  blank  receipt  ex- 
cept such  as  are  furnished  for  the  use  of  his  office  by  the  comp- 
troller. 

Daily  statement. 

Section  11.  The  city  treasurer  shall  furnish  to  the  com- 
troller  a  daily  statement  of  all  disbursements  or  payments  of  the 
preceding  day,  and  showing  all  receipts  issued  the- preceding  day, 
with  the  number  and  amounts  of  such  receipts,  together  with 
carbon    copies  thereof,  and  in  case  of  any  original  receipt  being 


200 


REVISED    ORDINANCES. 


spoiled    and   not    issued,    such    orioinal   receipt   shall    accompany 
such  statement. 

Refunds. 

Section  12.  The  city  treasurer  is  hereby  prohibited  from 
making  any  refunds  for  taxes  or  other  purposes,  except  by  war- 
rant duly  passed  by  the  city  council. 

Taxes — Cancellation  of. 

Section  13.  The  comptroller  is  hereby  required,  and  it  is 
made  his  duty,  to  give  the  treasurer  of  the  city  of  Omaha  credit 
upon  the  books  of  the  comptroller's  office  for  any  taxes  or  assess- 
ments cancelled  in  whole  or  in  part,  in  all  cases  where  directed  by 
concurrent  resolution  of  the  mayor  and  city  council  so  to  do. 

Comptroller,  Duties  of. 

See  Market  and  Market  Houses,  Section  7. 

Comptroller,  Purchase  Supplies. 

See  Supplies,  Section  1. 

Concealed  Weapons. 

See  Misdemeanors.  Section  10. 


REVISED    ORDINANCES.  201 

CHAPTER  XXVI. 
CORPORATE  LIMITS. 

Section     1.     The  corporate  limits  of  the  City  of  Omaha  are 
hereby  fixed  and  determined  as  follows,  to- wit: 

Commencing     seven     hundred     sixty-two     and     three-tenths 
(762  3-10)  feet  north  of  the  northeast  corner  of  section  thirty-four 
(34),  township  sixteen  (16),  north  of    range    thirteen    (13),    east 
of  the  sixth  principal  meridian  in  Douglas  County,  State  of  Neb- 
raska; thence  south  on  the  section  hne  to  a  point  three  hundred  and 
fifty-eight  (358)  feet  south  of    the  northeast  corner  of  the  south- 
east quarter  of  section  three  (3),  township  fifteen  (15),  north  of 
range  thirteen  (13),  east  of  the  sixth  principal  meridian;  thence 
following  the  boundary  line  between  Nebraska  and  Iowa  south 
eighteen  (18)  degrees  one  (1)   minute  west  one  thousand  twelve 
and  eight- tenths  (1,012  8-10)  feet;  thence  south  eleven  (11)  de- 
grees twenty-nine  (29)  minutes  west  one  thousand  three  hundred 
sixty-five  and  four  tenths  (1,365  4-10)  feet  to  the  line  between 
sections    three   (3),  and  ten  (10),  township  fifteen  (15),  north  of 
range  thirteen  (13),  east  of  the  sixth  principal  meridian;  thence 
south  six. minutes  east  two  thousand  six  hundred  forty-three  and 
seven-tenths  (2,643  7-10)  feet;  thence  south  nine  (9)  degrees  fifty- 
eight  (58)  minutes  east  one  thousand  three  hundred  forty  one  and 
one-half  (1,34U)  feet;  thence  south   forty-six  (46)    degrees  forty- 
eight  (48)  minutes    east  to  the  channel  of  the  Missouri  river;  thence 
down  the  channel  of  the  Missouri  river  to  the  intersection  of  the 
township  line  between  township  fifteen  (15)  'and  township  fourteen 
(14)   produced  with,  said  channel;  thence  west  on  township  line 
to  the  intersection  of  the  east  line  of  Park  Forest  Addition  with 
said  township  line;  thence  north  forty-five  (45)  degrees  west  along 
the  Hne  of  Park  Forest  Addition  to  the  south  east  corner  of  block 
twelve  (12)  in  said  Addition;  thence  south  forty-five  (45)  degrees 
west  three  hundred  four  and  eight-tenths  (304  8-10)  feet  to  southwest 
corner  of  block  twelve  (12)  in  said  Addition,  thence  north  forty- 
five  (45)  degrees  west  three  hundred  and  sixteen  (316)  feet,  to  8. 
W.  corner  of  lilock  11  said  Addition;  thence  south  forty-five  (45) 
degrees  west  three  hundred  and  sixteen  (316)  feet  along  the  north 
line  of  Blaine  street,  to  S.  W.  corner  of  block  10,  said  Addition.; 
thence  north  forty-five  (45)  degrees  west  forty-three  (43)  feet  more 


202  REVISED    ORDINANCES. 

or  less  to  the  township  Hne;  thence  west  on  the  township  line  eight 
hundred  sixty-seven  and  nine-tenths  (867  9-10)  feet  to  the  inter- 
section of  the  southwest  boundary  line  of  tax  lot  thirty-one  (31), 
section  thirty-four,  township  fifteen,  range  thirteen  (34-15-13)  with 
said  township  line;  thence  north  forty-five  (45)  degrees  west  three 
thousand,    two  hundred  seventy-three  and  six-tenths  (3,273  6-10) 
feet;  thence  north  eighty-five  (85)  degrees  west  six  hundred  and 
eighty-one  (681)  feet;  thence    north  eighty  (80)  degrees  and  forty- 
five  minutes  west  to  the  center  of  Lamont  street;  thence  wester- 
ly along  the  center  line  of  Lamont  street  to  the  east  line  of  Twenty- 
sixth   (26th)    street;   thence   north   seventy-seven   and   six-tenths 
(77  6-10)  feet  to  the  south  line  of  tax  lot  14,  section  thirty- three, 
township  15,  range  thirteen  (tax  lot  fourteen,  section  33,  township 
fifteen,   range   13);  thence  north   eighty   (80)    degrees   and  thirty 
minutes     west  along  the  south  line  of  tax  lots  fourteen  (14)  and 
fifteen  (15),  in  section  thirty- three  (33)-fifteen  (15)-thirteen  (13), 
to  the  west  line  of  the  Union  Pacific  Railway's  right  of  way;  thence 
southwesterly  along  said  right  of  way  to  its  intersection  with  the 
center  hne  of  Grover  street,  thence  westerly  along  the  center  line 
of  Grover  street  to  the  center  line  of  Thirty-seventh  (37th)  street; 
thence  north  on  the  center  line  of  Thirty-seventh  street  to  the 
east  and  west  one  quarter  section  hne  between  sections  thirty-two 
(32)  and  thirty-three  (33) ;  thence  west  along  said  quarter  section 
line  to  the  center  of  section  thirty-two  (32)  T.  fifteen  (15),  N.  range 
thirteen  (13)  east;  thence  south  one-half  (^)  mile  to  the  south  line 
of  said  section  thirty-two  (32),  township  fifteen  (15),  range  thirteen 
(13);  thence  west  along  the  township  line  to  the  southwest  corner 
of    the    southeast    quarter   of    section    thirty-one    (31),    township 
fifteen   (15)  north,  of  range  thirteen  (13)  east  of  the  sixth  principal 
meridian;  thence  on  the  quarter  section  line  two  and  one-fourth 
{2{)  miles  to  the  northeast  corner  of  the  southwest  quarter  of  sec- 
tion nineteen  (19),  township  fifteen  (15)  north  of  range  thirteen 
(13),  east  of  the  sixth  principal  meridian;  thence  east  one-half 
(^)     mile  to  the  southeast  corner  of  the  northeast  quarter  of  the 
southeast  quarter  of    said  section  nineteen  (19),  township  fifteen 
(15),  range  thirteen  (13);  thence  north  on  the  section  Hne  to  the 
center  of  Davenport  street;  thence  west  sixty-six  and  six-tenths 
(66  6-10)    feet   to  the  center  of  Forty-eighth  street  or  old  County 
road;  thence  north  on  the  center  line  of  said  Forty-eighth  street 
to   the    north    line    of    Cuming    street;    thence    north   eight   (8) 
minutes   east,   six   hundred   and   twenty-nine   (629)    feet;   thence 


REVISED    ORDINANCES.  203 

north  four  and  three-fourths  (4f)  degrees  east  seven  hundred 
twenty-seven  (727)  feet  to  a  point  on  the  north  and  south 
section  hne  one  hundred  thirty-eight  and  one-half  (138^)  feet  south 
of  the  south  hne  of  Hamilton  street;  thence  north  on  the  section 
line  to  a  point  seven  hundred  sixty-two  and  three-tenths  (762  3-10) 
feet  north  of  the  northeast  corner  of  section  thirty-two  (32),  town- 
ship sixteen  (16),  north  of  range  thirteen  (13),  east  of  the  sixth 
principal  meridian;  thence  east  three  (3)  miles  to  the  place  of  be- 
ginning. 


204  REVISED    ORDINANCES. 

CHAPTER  XXVII. 

CURFEW. 

Section  1.  That  it  shall  be  unlawful  for  any  person  under 
fifteen  years  of  age  to  be  or  remain  in  or  upon  any  of  the  streets, 
alleys  or  public  places  in  the  city  of  Omaha  after  the  hour  of  9 
o'clock  from  March  1  to  August  31,  inclusive,  of  each  year,  and  from 
September  1  to  the  last  day  of  Feburary,  inclusive,  of  each  year,  after 
the  hour  of  S  o'clock,  p.  m.,  unless  such  person  is  accompanied  by 
a  parent,  guardian  or  other  person  having  the  legal  custody  of 
such  minor  persons,  or  whose  employment  makes  it  necessary 
to  be  upon  said  streets,  alleys  or  pubhc  places  during  the  night 
time  after  said  specified  hours.  Any  person  violating  the  pro- 
visions of  this  section  shall  on  conviction,  be  fined  in  any  sum  not 
to  exceed  five  dollars  for  each  offense  and  shall  stand  committed 
until  snch  fine  and  costs  are  paid. 

Section  2.  It  is  hereby  made  unlawful  for  any  person,  guard- 
ian or  other  person  having  the  legal  care  and  custody  of  any  per- 
son under  15  years  of  age  to  allow  or  permit  any  such  child,  ward 
or  other  person  under  such  age,  while  in  such  legal  custody,  to  go 
or  be  in  or  upon  any  of  the  streets,  alleys  or  pubhc  places  in  said 
city  town  or  village,  within  the  time  prohibited  in  section  1  of 
this  chapter,  unless  there  exists  a  reasonable  necessity  therefor. 
Any  person  violating  the  provisions  of  this  section  shall  on  con- 
viction, be  fined  in  any  sum  not  less  than  one  nor  more  than  ten 
dollars  for  each  offense,  and  stand  committed  until  such  fine  and 
costs     are  paid. 

Section  3.  Each  member  of  the  pohce  force,  while  on  duty 
is  hereby  authorized  to  arrest,  without  warrants,  any  person  will- 
fully violating  the  provisions  of  section  1  of  this  chapter,  and  re- 
tain such  person  for  a  reasonable  time,  in  which  complaint  can  be 
made  and  a  warrant  issued  and  served.  Be  it  further  ordained, 
that  no  child  or  minor  person  arrested  under  the  provisions  of  this 
chapter  shall  be  placed  in  confinement  until  they  have  first  been 
taken  home  to  ascertain  the  parents'  wishes,  and  the  parents  shall 
have  refused  to  be  held  responsible  for  the  observance  of  the  pro- 
visions  of  this   chapter  by  said  minor  personr>* 

Section  4.  It  shall  be  the  duty  of  the  pohce  judge,  upon  the 
arrest  of  any  child  or  minor  person  where  the  parents  or  guardians 


REVISED    ORDINANCES.  205 

have-reftiB^d  to  become  responsible  for  said  minor  person  for  vi- 
olation of  the  provisions  of  section  1  of  this  chapter,  to  inquire 
into  the  facts  of  said  arrest  and  the  conditions  and  the  circum- 
stances of  such  child  or  minor  person,  and  if  it  shall  appear  that 
such  child  or  minor  person,  for  want  of  porper  parental  care,  is 
growing  up  in  mendicancy  or  vagrancy,  or  is  incorrigible,  cause 
the  proper  proceedings  to  be  had  and  taken  as  authorized  and  pro- 
vided by  law  in  such  cases. 

Section  5.  It  shall  be  the  duty  of  the  mayor  or  police  com- 
missioners to  arrange  with  the  owners  of  some  manufacturing 
plant,  or  plants  to  give  on  their  whistles  signals  of  curfew  hours, 
of  20  seconds  duration. 

Dampness  in  Buildings. 

See  Misdemeanors,  Section  64. 

Deaths,  Registration  of. 

See  Sanitary  Regulations. 

Defacing  Buildings  and  Trees. 

See  Misdemeanors,  Sections  36-39. 

Dirt,  Taking  Out  of  Street. 

See  Misdemeanors,  Section  32. 

Discharging  Refuse  in  Gas  Manufacture. 

See  Gas,  Section  3. 

Disturbing  Assemblages. 

See  Misdemeanors,  Section  6. 

Dog  Fighting. 

See  Misdemeanors,  Section  8. 

Dogs. 

See  Animals,  Section  20-31. 

Dog  Pound  Master. 

See  Animals,  Section  22. 

Dove,  Trapping. 

See  Misdemeanors,  Section  13 


20Q  RRyjSEP    ORDINANCES/ 

■  CHAPTER  XXVIII.  i 

Route  south.  DRIVING  STOCK. 

Section  1.  That  a  route  of  travel  for  driving  live  stock  in 
that  portoin  of  the  city  of  Omaha  west  of  29th  street,  between 
Leavenworth  street  and  South  Omaha  be  and  hereby  is  designated 
as  follows:  Commencing  at  Leavenworth  street  on  36th  street; 
thence  south  on  36th  street  to  Center  street;  thence  east  on  Center 
street  to  35th  avenue  or  35th  street;  thence  south  on  either  35th 
avenue  or  35th  street  to  Martha  street;  thence  east  on  Martha 
street  to  32nd  avenue;  thence  south  on  32nd  avenue  to  corporate 
limits  of  South  Omaha. 

Route  North. 

Section  2.  That  the  route  of  travel  for  the  driving  of  live 
stock  from  South  Omaha  northward  toward  Leavenworth  street 
in  that  portion  of  the  city  of  Omaha  west  of  29th  street  shall  be 
in  the  inverse  order  of  the  travel  designated  in  section  1  of  this 
chapter. 

Penalty. 

Section  3.  It  is  hereby  declared  unlawful  for  any  person  or 
persons  to  drive  live  stock  along  or  upon  any  street  or  avenue  in 
that  portion  of  the  city  of  Omaha  west  of  29th  street  and  between 
Leavenworth  street  and  the  corporate  limits  of  South  Omaha  ex- 
cept on  or  along  the  route  of  travel  designated  in  sections  1  and  2 
of  this  chapter,  and  any  person  violating  any  of  the,,> provision 
of  the  first  three  sections  of  this  chapter,  oj  failing  to  complywith 
any  of  the  provisions  thereof,  shall  be  deemed  guilty  of  a  .misde- 
meanor, and  upon  conviction  thereof  ghall  be  fined.in.any  sum  not 
exceeding  one  hundred  dollars  (SI 00.00). 

Route  south. 

Section  4.  That  a  route  of  travel  tor  driving  live  stock  bet- 
ween the  western  terminus'  of  the  Douglas  street  bridge  in  the 
city  of  Omaha  and  South  Omaha  be  and  hereby  is  designated  as 
follows:  Commencing  on  9th  street  near  the  west  terminus  of 
the  Douglas  street  bridge;  thence  south  on  9th  street  to  Jackson 
street;  thence  west  on  Jackson  street  to  St.  Mary's  avenue;  thence 


REVISED  •  ordinances;  207 

southwesterly  on  St.  Mary's  avenue  to  20th  street;  thence  south 
on  20th  street  to  Boulevard  avenue;  thence  west  on  Boulevard 
avenue  to  24th  street;  and  thence  south  on  24th  street  to  South 
Omaha  limits. 

Section  5,  That  the  route  of  travel  for  the  driving  of  live 
stock  from  South  Omaha  to  the  west  terminus  of  the  Douglas 
street  bridge  shall  be  in  the  inverse  order  of  that  designated  in 
section  4  of  this  chapter. 

Route   north. 

Section  6.  It  is  hereby  declared  unlawful  for  any  person  or 
persons  to  drive  hve  stock  from  the  west  terminus  of  the  Douglas 
street  bridge  to  South  Omaha,  or  from  South  Omaha  to  said  west 
approach  of  the  Douglas  street  bridge  on  any  street  or  streets  in 
the  city  of  Omaha,  or  over  or  along  that  part  of  any  street  or  streets 
in  the  city  of  Omaha  except  as  designated  in  the  two  last  pre- 
ceding section  of     this  chapter. 

Penalty. 

Section  7.  Any  person  violating  any  provision  of  the  three 
last  preceding  sections  of  this  chapter  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  fuied  in  any 
sum  not  exceeding  one  hundred   dollars   ($100.00). 

Section  8.  It  shall  be  the  duty  of  the  city  engineer  to  cause 
to  be  erected  at  each  terminus  of  the  route  designated  in  section 
4  of  this  chapter,  a  suitable  board  sign  giving  notice  to  the  drivers 
of  live  stock   of  the  route   designated. 

Drunkenness. 

See  Misdemeanors,  Section  2  . 

Dumping  Ashes.  *  ' 

See  Misdemeanors,  Section  81. 


208  KBVISED    ORDINANCES. 

CHAPTER  XXIX. 
Proclamation.  ELECTIONS. 

Section  1.  In  all  elections  for  the  choice  of  city  officers, 
the  mayor  shall  issue  a  proclamation  to  the  quahfied  voters  of 
the  city,  or  ward,  as  the  case  may  be,  setting  forth  the  time  when 
and  place  or  places  where,  such  election  will  be  held,  and  a  list 
of  the  officers  to  be  balloted  tor  at  such  election,  and  he  shall 
cause  copies  of  such  proclamation  to  be  posted  up  at  least  ten 
days  prior  to  such  election  in  at  least  three  pubhc  places  in  each 
ward  in  the  city,  wherein  such  election  is  to  be  held. 

Judges  and  Clerks. 

Section  2.  At  the  last  regular  meeting  of  the  city  council 
prior  to  any  city  election,  the  mayor,  with  the  consent  of  the 
council,  shall  appoint  three  judges  and  two  clerks  of  election  for 
precinct  ward  in  the  city,  who,  before  entering  upon  their  duties 
as  such  officers,  shall  take  the  usual  oath  or  affirmation  of  office 
before  some  person  authorized  by  law  to  administer  oaths,  and 
such  oath  or  affirmation  shall  be  filed  with  the  city  clerk. 

Vacancies— How  filled. 

Section  3.  If  any  person  so  appointed  shall  not  attend  at 
the  time  and  place  of  holding  such  election,  or  shall  fail  or  re- 
fuse to  qualify  as  above  provided,  the  electors  present  at  the 
opening  of  the  polls  on  the  morning  of  the  election,  shall  choose 
some  one  to  fill  the  vacancy,  and  the  person  thus  chosen  shall 
qualify  as  before  provided. 

Poll  books. 

Section  4.  The  city  clerk  shall  prepare  duplicate  poll-books 
for  each  ward  and  on  the  morning  of  the  election,  shall  dehver 
such  poll-books,  together  with  a  ballot-box,  and  a  list  of  the 
registered  voters,  into  the  hands  of  some  one  of  the  judges  or 
clerks  of  election  in  the  several  wards.  The  poll-books  shall  be 
in  a  manner  and  form  as  follows : 


REVISED    ORDINANCES.  209 

Poll-books  ,  of,  an   election  held  in   the ward   of   the 

city  of  Omaha,   Nebraska,  on  the day  of ,   A.   D. 

19 .... ,     at     which     time and were 

judges  and and were  clerks  of  said 

election :    The  following  named  persons  voting  thereat : 


Each  clerk  shall  take  one  of  the  poll-books  and  enter  therein 
the  names  of  the  persons  voting,  and  the  order  in  which  they 
voted.  At  the  close  of  the  election  the  judges  shall  compare 
the  lists,  and  if  found  correct  they  shall  certify  the  same  to  be 
a  true  list  of  the  persons  voting  at  said  election. 

Election — How  conducted. 

Section  5.  Immediately  before  the  opening  of  the  polls 
the  judges  shall  open  the  ballot-box  at  the  place  of  holding  the 
election,  and  in  the  presence  of  the  electors,  and  shall  see  that 
no  ballots  are  contained  therein,  after  which  the  box  shall  be 
closed.  The  judges  shall  then  declare  the  polls  open,  and  shall 
proceed  to  take  the  ballot  of  any  person  offering  to  vote,  and 
if  such  person's  name  is  on  the  registry  list  and  unchecked,  the 
ballot  shall  be  put  into  the  ballot-box,  without  the  name  or  names 
thereon  being  inspected.  The  ballot-box  shall  be  kept  locked 
and  in  the  presence  of  the  electors  until  the  close  of  the  polls. 
No  more  than  one  of  the  judges  shall  be  absent  at  the  same  time 
from  the  room  where  the  election  is  being  held,  from  the  time 
of  opening  the  polls,  until  the  votes  shall  have  been  counted  and 
canvassed. 

Votes — How  Counted. 

Section  6.  The  judges  and  clerks  shall  commence  to  canvass 
by  counting  the  votes  polled,  and  if  the  number  cast  exceed  the 
number  of  persons  voting,  the  ballots  shall  be  replaced  in  the  bal- 
lot box,  and  after  being  mixed,  as  many  ballots  shall  be  drawn  out 
and  rejected  as  there  shall  have  been  cast  exceeding  the  number 
of  names  on  the  poll-books.  If  the  judges  find  two  or  more  ballots 
rolled  or  folded  together,  they  shall  reject  all  of  such  votes  as 
fraudulent,  and  if  a  ballot  contains  more  than  one  name  for  any 
one  office,  it  shall  be  deemed  fraudulent  as  to  all  the  names  for 
that  office,  but  no  further. 


210  REVISED    ORDINANCES; 

Duties  of  clerks. 

Section  7.  The  clerks  shall  set  down  in  their  poll-books 
the  name  of  every  person  voted  for,  written  in  full,  the  office  for 
which  such  person  received  any  vote  or  votes,  and  the  number 
of  votes  he  received,  such  number  to  be  expressed  in  words 
at  full  length,  and  the  judges  and  clerks  shall  certify  to  the  correct- 
ness of  the  same. 

Messenger. 

Section  8.  The  judges  of  election  shall  then  select  some 
one  of  the  judges  or  clerks  as  messenger,  and  such  messenger 
shall  convey  the  registry  list,  poll-books  and  ballot-box,  with 
the  ballots  all  replaced  therein,  to  the  office  of  the  city  clerk, 
within  twenty-four  hours  after  the  closing  of  the  polls,  and  said 
ballots  shall  be  kept  in  said  office  and  subject  to  the  inspection 
of  any  elector  for  the  space  of  six  months. 

Power  of  judges. 

Section  9.  The  jiulges  of  election  shall  possess  full  power 
and  authority  to  maintain  order  during  any  election  and  during 
the  canvass  of  the  votes,  and  may  call  on  any  person  present  to 
to  assist  in  maintaining  order;  and  if  any  person  shall  refuse  to 
obey  the  reasonable  orders  of  the  judges,  or  shall  in  any 'manner 
interfere  with  the  judges  or  clerks  of  election  or  any  of  them  in 
the  discharge  of  their  duties,  such  person  shall  be  arrested,  and 
on' conviction  thereof  shall  be  fined  not  less  than  one  (SI)  dollar, 
nor  more  than  fifty  (S50)  dollars,  and  in  addition  thereto  may, 
in  the  d  iscretionof  the  covirt,  be  imprisoned  not  to  exceed  thirty 
days  for  every  such  offense. 

Canvass  and  certificates. 

Section  10.  The  city  council  shall  hold  a  special  meeting 
at  eight  o'clock  P.  M.,  on  the  first  Thursday  after  each  city 
election,  at  which  time  the  city  clerk,  in  the  presence  of  the 
council  and  of  two  disinterested  electors,  shall  open  the  elec- 
tion returns  and  make  a  complete  abstract  of  the  votes  for  the 
several  candidates  for  offices  at  said  election,  and  shall  make  a 
record  of  the  same.  The  person  or  persons  having  the  highest 
number  of  votes  for  the  several  offices  shall  thereupon  be  by  the 
president  of  the  city  council  declared  duly  elected,  and  the  city 
clerk  shall  issue  certificates  of  election  accordinsilv. 


REVISED    OatDINANCESi  211 

Vacancies. 

Section  11.  That  whenever  a  vacancy  shall  occur  in  the 
office  of  mayor,  city  clerk,  comptroller,  or  councilman  of  the 
city  of  Omaha  by  reason  of  death,  resignation  or  removal  from 
office,  such  vacancy  shall  be  filled  by  the  city  council  of  said' 
city;  Provided,  that  it  shall  require  a  majority  vote  of' the 
entire  council  to  fill  any  such  vacancy;  Provid9d,  further, that 
in  case  of  death,  resignation  or  removal  from  office  of  any  council- 
man, that  a  resident  elector  from  the  ward  in  v»rhich  vaxjancy 
occurred  and  freeholder  in  the  city,  shall  be  elected  to  fill,  such 
vacancy. 

Officer— Qualify. 

Section  12.  Within  ten  days  after  the  election  by  the  city 
council  of  any  person  to  fill  any  vacancy  mentioned  in  section  11 
of  this  chapter,  the  person  so  elected  to  fill  such  vacancy  shall 
qualify  and  give  bond  for  such  amount  and  with  such  conditions 
as  is  required  by  law  and  the  person  so  elected  shall  hold  the 
office  to  which  he  is  so  elected  until  the  expiration  of  the  term 
of  office  which  he  was  elected  to  fill;  Provided,  that  if  any  person 
so  elected  fails  to  qualify  within  ten  days  after  his  election  by 
the  city  council  that  the  office  to  which  he  was  elected  shall  be 
deemed  vacant  and  it  shall  be  the  duty  of  the  city  council  to 
again  fill  such  vacancy  by  election   as  herein  provided. 


212  REVISED    ORDINANCES. 

CHAPTER  XXX. 

Inspection.  ELEVATORS. 

Section  1.  It  shall  be  the  duty  of  the  boiler  inspector,  his 
assistants,  or  other  person  in  charge  of  the  boiler  inspector's 
bureau,  to  regularly  inspect  all  elevators,  used  for  the  purpose  of 
carrying  passengers;  to  see  that  the  same  are  in  perfect  working 
order,  and  that  all  the  parts  of  said  elevator  are  in  good  condition 
and  repair;  and  for  this  purpose  he  shall  have  the  right  to  enter 
the  premises  where  any  such  elevator  may  be  in  use.  The  result 
of  such  inspection  shall  be  properly  recorded  in  books  kept  for 
that  purpose  in  the  office  of  the  boiler  inspector,  from  which  office 
all  notices,  certificates,  etc.,  shall  be  issued. 

Inspection  certificate. 

Section  2,  It  shall  be  the  duty  of  every  person  owning, 
operating  or  using  any  passenger  elevator  in  any  building  within 
the  limits  of  the  city  of  Omaha,  to  cause  the  same  to  be  inspected 
and  examined  by  the  boiler  inspector  at  least  once  in  every  three 
months,  (excepting  elevators  operated  exclusively  for  carrying 
freight,  or  operated  exclusively  by  hand,  which  shall  be  inspected 
at  least  once  every  six  months),  and  every  such  person  shall  apply  to 
and  procure  from  the  boiler  inspector,  within  five  days  after  such 
inspection,  a  certificate  to  the  effect  that  said  elevator  is  in  a 
safe  and  sound  condition,  and  said  certificate  shall  be  kept  in 
public  view  by  having  same  posted  as  near  as  possible  to  the  en- 
trance to  the  elevator  car.  For  dumb  waiters,  or  any  other  lifts 
or  hoists  operated  by  hand,  not  exceeding  a  capacity  of  three 
hundred  pounds,  no  inspection  is  necessary.  The  boiler  inspector 
shall  charge  a  fee  of  one  dollar  for  each  certificate  so  issued,  and 
all  moneys  received  by  him  shall  be  paid  into  the  city  treasury, 
and  provided,  that  no  certificate  of  inspection  shall  be  issued 
until  the  fee  therefor  shall  have  been  paid. 

Provided,  that  such  elevators  need  not  be  personally  inspected 
by  the  boiler  inspector  but  once  in  each  calendar  year  where 
said  elevator  or  elevators  are  insured  by  some  guarantee  insurance 
company  (authorized  to  transact  business  under  the  laws  of 
Nebraska),  against  accident  and  loss  of  life,  or  injury  to  persons 
or  property,  and  are  properly  inspected  by  some  competent  repre- 


REVISEU    ORDINANCES.  213 

sentative  of  said  insurance  or  guarantee  company  at  least  once 
in  every  three  months.  The  boiler  inspector  is  hereby  authorized 
and  empowered  to  issue  a  certificate  to  any  such  representative 
of  any  insurance  or  guarantee  company  authorizing  such  repre- 
sentative to  examine  and  pass  upon  the  condition  of  any  such 
elevators  as  the  company  he  represents  may  have  insured ;  Provided, 
however,  that  said  insurance  company  or  its  agent  shall  first  pay 
to  the  city  treasurer  the  sum  of  one  dollar  ($1.00)  for  each  elevator 
to  be  inspected  by  said  insurance  company,  and  upon  presenta- 
tion of  the  city  treasurer's  receipt  for  the  same  the  boiler  inspector 
is  hereby  authorized  to  issue  a  permit  for  the  inspection  of  said 
elevator,  said  permit  to  cover  all  inspections  for  each  elevator 
that  may  be  made  in  the  calendar  year  for  which  said  permit 
was  issued.  The  boiler  inspector  shall  require  that  such  repre- 
sentative shall  make  a  full  and  complete  report  of  the  location 
and  condition  of  such  elevators  and  the  date  when  such  examina- 
tion was  made,  that  record  may  be  kept  complete  in  the  boiler 
inspector's  official  office;  Provided,  Further,  that  in  case  the 
representative  of  any  such  insurance  or  guarantee  company  shall 
make  or  pretend  to  make  any  examination  or  inspection,  as  pro- 
vided and  required  by  this  ordinance,  without  procuring  the 
permit  required  by  this  section,  or  shall  fail  to  pay  the  fee  re- 
quired therefor,  or  to  make  the  report  to  the  boiler  inspector, 
as  required  herein,  then  and  in  either  of  said  cases,  said  insurance 
company  shall  be  deemed  guilty  of  a  misdemeanor  and  be  subject 
to  the  penalty  provided  in  section  7  of  this  chapter. 

Operating  without  a  certificate — Penalty. 

Section  3.  It  shall  be  unlawful  to  run  or  operate  an  ele- 
vator within  the  city  of  Omaha  without  having  first  obtained 
a  certificate  from  the  boiler  inspector,  as  prescribed  in  the  preced- 
ing section,  and  any  user  of  any  elevator  who  fails  or  refuses  to 
obtain  said  certificate  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  be  fined  not  less  than  ten  dollars, 
nor  more  than  one  hundred  dollars;  and  for  each  day  such  viola- 
tion shall  continue,  after  notice  has  been  given  by  the  boiler 
inspector,  or  during  which  the  person  or  persons  so  notified  shall 
neglect  or  refuse  to  comply  with  the  provisions  of  this  chapter-, 
there  shall  be  an  additional  fine  of  fiftv  dollars. 


214  REVISEIT    ORDINANCES. 

Notice  to  owners. 

Section  -4.  Should  any  defects  be  found  to  exist  in  any 
part  or  parts  of  any  passenger  or  freight  or  other  elevator  or  lift, 
which  would  tend  to  impair  the  safety  or  endanger  life  or  property 
by  the  continued  use  of  such  elevator,  the  boiler  inspector  shall 
cause  a  written  or  printed  notice  to  be  served  upon  the  users 
of  said  elevator,  which  notice  may  contahi  a  statement  of  the 
repairs  necessary  to  be  made  and  said  elevator  shall  not  again  be 
used  until  a  certificate  in  writing  shall  be  issued  by  the  boiler 
inspector  that  it  has  been  put  in  a  safe  running  order,  and  is  fit 
for  use,  and  that  the  users  thereof  are  permitted  to  use  the  same. 
The  boiler  inspector  shall  be  notified  of  any  changes  to  be  made 
liy  the  owner  or  users  of  any  elevator. 

.Section  5.  On  and  after  the  passage  of  this  ordinance  any 
manufacturer  or  builder  of  elevators,  or  contractor  or  agent, 
upon  receiving  a  contract  to  erect  or  construct  any  elevator  within 
the  limits  of  the  city  of  Omaha,  shall  notify  the  lioiler  inspector 
of  the  fact,  and  before  said  elevator  is  put  in  operation  a  certifi- 
cate shall  be  obtained  as  provided  in  section  two  of  this  chapter 

Power  elevators— Certificate. 

Section  6.  Power  elevators  used  for  carrying  passengers 
shall  be  operated  only  by  persons  holding  a  proper  certificate 
issued  by  the  boiler  inspector  as  hereinafter  provided.  Any 
person  desiring  a  certificate  permitting  him  to  operate  a  power 
elevator  used  for  carrying  passengers  shall  make  application  therefor 
on  a  blank  furnished  by  the  boiler  inspector.  Said  application 
must  state  the  name,  age  and  experience  of  the  applicant  and 
shall  be  signed  by  at  least  two  reputable  citizens,  one  of  whom 
shall  be  a  proprietor  or  occupant  of  the  building  in  which  such 
elevator  is  situated  stating  that  such  applicant  is  a  proper  person 
to  receive  such  certificate.  The  boiler  inspector  is  required  to 
examine  all  applicants  for  a  certificate  as  to  their  experience 
age  and  qualifications.  If  said  applicant  is  found  to  be  a  proper 
person  to  hold  such  certificate  he  shall  receive  the  same  at  the 
office  of  the  boiler  inspector  upon  presentation  of  the  receipt  of 
the  city  treasurer  for  the  sum  of  one  dollar  ($1.00).  Each  certi- 
ficate shall  be  for  the  calendar  year  in  which  same  is  issued,  and 
in  all  cases  shall  expire  December  31st. 


REVISED  "O'RDIN'ANCES.  :215 

Provided,  no  certificate  shall  be  issued  to  any  person  under 
eighteen  (18)  years  of  age. 

Provided,  Further,  that  any  holder  of  a  certificate  is  required 
to  notify  the  boiler  inspector  when  he  accepts  or  leaves  his  employ- 
ment, the  name  of  his  employer,  and  the  location  of  the  elevator. 
Anyone  in  charge  of  an  elevator  and  finding  said  elevator  to  be 
in  an  unsafe  condition  in  any  way  shall  notify  the  boiler  inspector, 
or  in  case  of  an  accident  of  any  kind  shall  notify  the  boiler  inspector 
at  once. 

Any  person  operating  any  elevator  used  for  carrying  passen- 
gers without  first  obtaining  a  certificate,  as  herein  required  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  one  dollar  ($1.00)  nor 
more  than  ten  dollars  (SIO.OO). 

Any  person,  firm  or  corporation,  engaging  or  employing  any 
person  not  having  a  certificate  as  herein  required,  to  operate 
run  any  passenger  elevator  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  ten  dollars  ($10.00)  nor  more  than  fifty  dollars 
($50.00)  for  each  offence. 

General  Penalty. 

Section  7.  Any  violation  of  the  provisions  of  this  chapter,  for 
which  penalty  is  not  provided,  shall  be  deemed  a  misdemeanor, 
and  the  person,  persons,  co-partnership  or  corporation  guilty 
thereof,  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  less 
than  ten  nor  more  than  one  hundred  dollars  by  the  police  judge  or 
other  officer,  or  court  having  competent  jurisdiction. 


216  REVISED    ORDINANCES. 

CHAPTER  XXXI. 

EMPLOYMENT  AGENCIES. 
License  required. 

Section  1.  It  shall  be  unlawful  for  any  person  to  keep  an 
employment  agency  in  the  city  of  Omaha  without  first  obtaining 
a  license  so  to  do  as  herein  required. 

Who  deemed  keeper  of  employment  agency. 

Section  2.  Any  person  who  shall  keep  or  establish  any 
office  or  place  within  the  city  of  Omaha  for  the  purpose  of  obtain- 
ing place  or  emploj'^ment  for  male  or  female  servants,  laborers  or 
other  persons,  or  for  procuring  or  giving  information  concerning 
such  domestic  servants,  laborers  or  other  persons,  for  or  to  em- 
ployers, shall  be  deemed  a  keeper  of  an  employment  agency, 
Provided,  that  this  section  and  the  provisions  of  the  first  six 
sections  of  this  chapter  shall  not  be  so  construed  as  to  apply  to 
any  charitable  or  religious  organizations  gratuitously  helping 
applicants  to   obtain    employment. 

License— Bond. 

Section  3.  Before  any  license  shall  be  issued  by  any  person, 
the  applicant  for  same  shall  execute  a  bond  to  the  city  of  Omaha 
in  the  sum  of  $100.00,  conditioned  for  the  faithful  observance 
of  all  the  ordinances  of  the  city  of  Omaha  relating  thereto,  and 
to  pay  all  damages  occasioned  to  any  person  or  persons  by  reason 
of  any  misrepresentation,  fraud  or  deceit  practiced  by  such  appli- 
cant, his  agent  or  employees  in  carrying  on  the  business  of 
employment  agent  or  agency;  and  shall  pay  to  the  city  clerk 
for  such  license  the  sum  of  $40.00  for  license  for  one  year  or  $20.00 
for  six  months,  the  term  for  which  such  license  is  issued  to  begin 
January  1  or  July  1,  and  must  expire  June  30  or  December  31  of 
the  same  year. 

Application — Duplicate  rsceipt — License. 

Section  4.  Application  for  license  shall  be  made  to  the 
city  clerk,  vrho,  upon  tl^.e  execution  and  approval  of  the  bond  as 
herein  rec^uired,  and  the  payment  to  him  by  the  applicant  of  the 
amount  of  license  herein  required,  shall  issue  to  such  applicant  the 
proper  license. 


RK VISED    ORDINANCES.  217 

Schedule  of  fees. 

Section  5.  It  shall  be  the  duty  of  the  keeper  of  anj^  employ- 
ment agency  to  post  and  expose  to  view  in  a  conspicuous  place 
in  the  office  or  place  of  business  of  such  agency,  a*printed  or  plainly 
written  schedule  of  fees  to  be  charged  for  services,  and  it  shall 
be  unlawful  for  such  agency  to  require  any  person  to  pay  for  any 
service  rendered,  any  sum  in  excess  of  such  schedule  fees,  which 
shall  not  exceed  the  following,  to-vv'it: 

General  housework,  second  work,  nursery,  chamber  and 
dining  room   work,   etc.,  for  female,   at  wages    less     than  $20.00 

per  month $   .50 

Where  Wages  are  $20.00  or  over,  per  month 1 .00 

Where  wages  are  S25.00  or  over,  per  month 1 .50 

Where  wages  are  S30.00  or  over,  per  month 2  .00 

Where  wages  are  $40.00  or  over,  per  month 3  .00 

Positions  of  trust,  ten  per  cent,  of  first  months  wages. 

The  charges  for  obtaining  employment  for  males  at  common 
labor  or  general  work  shall  not  exceed  two  ($2)  dollars  each,  and 
for  positions  as  cooks  or  skilled  work  not  exceeding  ($5)  each. 

For  situtations  out  of  the  city,  but  within  the  state,  fifty  (50) 
cents  additional  to  fees  stated. 

For  situations  out  of  the  state,  one  ($1)  dollar  additional 
to  fees  stated.  For  joint  situations  for  husband  and  wife,  three 
(S3)  dollars  to  fi^^e  ($5)  dollars,  as  may  be  agreed,  and  according 
to  compensation  by  them   received. 

Penalty. 

Section  6.  Any  person  keeping  an  employment  agency  in 
the  city  of  (.)maha.  without  first  obtaining  a  license  so  to  do,  or  who 
shall  directly  or  indirectly,  or  through  any  agent  or  other  person 
or  persons,  violate  any  provision  or  requirement  of  the  first  seven 
sections  of  this  chapter  or  make  use  of"  any  improper  device, 
deceit,  false  representation,  false  pretense,  or  any  imposition 
whatsoever,  for  an  improper  purpose,  or  for  the  purpose  of  obtain- 
ing a  fpe,  money,  gratuity,  or  other  thing  of  value  from  any  cus- 
tomer or  patron  or  patrons,  shall,  on  conviction,  be  fined  in  any 
sum  not  exceeding  one  hundred  ($100)  dollars,  and  shall  refund 
to  the  party  injured  any  fee  or  money  received  from  such  party, 
and  the  mayor,  upon  conviction  of  any  person  for  violating  any 
of  the  provisions  of  this  ordianace,  may  revoke  the  license  of  such 
person . 


218  REVISED    ORDINANCES. 

Record  of  Names. 

Section  7.  It  shall  be  the  duty  of  all  persons  doing  tlie 
business  of  seeking  employment  for  others  or  furnishing  em- 
ployees for  others,  to  keep  a  record  of  the  names  of  such  employer 
or  employers  as  they  deal  with  together  with  a  complete  record 
of  the  applications  for  labor  or  other  employment  and  the  names 
of  such  persons  as  the}-  shall  procure  services  or  employment 
for  and  such  record  shall  show  the  time  of  such  transaction  and 
the  kind  of  labor  or  employment  procured  together  with  a  state- 
ment of  the  amount  of  money  charged  for  such  services  and  such 
record  shall  be  open  at  all  reasonable  times  to  the  inspection  of 
the  public  and  shall  be  shown  on  demand  to  any  member  of  the 
police   department  of  this   city. 

Booking  agency — Providing  actors— License  fee. 

Section  8.  That  all  persons  engaged  in  the  business  of 
booking  agency  or  engaged  in  the  business  of  providing  actors, 
or  performers  for  any  theater,  variety  show  or  other  place  of 
amusement,  shall  be  and  hereby  are  required  to  first  take  out  a 
license  as  herein  required,  and  failing,  neglecting  or  refusing  so 
to  do,  such  person  or  persons  shall  be  deemed  guilt}^  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  one  hundred  dollars  ($100.00).  Application  for 
such  license  shall  be  made  to  the  city  clerk,  who  shall  issue  such 
license  upon  payment  to  him  of  the  sum  of  fifty  dollars  ($50.00) 
which  license  shall  be  for  the  fiscal  year  for  which  the  same  is 
issued,  and  in  all  cases  shall  terminate  December  31st. 

Excavations  and  Lumber  Piles  Contiguous  to  Sidewalks. 
See  Misdemeanors,  Section  35. 

Excessive  Speed  of  Horses  and  Other  Animals. 

See  Misdemeanors,  Section  27. 

Explosives  on  Tracks. 

See  Misdemeanors,  Section  107. 

Fast  Driving  in  Cemeteries  and  Elsewhere. 

See  Misdemeanors,  Section  95. 

Fences. 

See  Buildings,  Section  8.3. 

Fences,  etc.,  Injuring. 

See  Misdemeanors,  Section  41. 

Fighting,  Permissive  use  of  Premises. 

See  Misdemeanors,  Section  48. 


REVISED    ORDINANCES.  219 


CHAPTER  XXXII, 

FINES,  REMISSION  OF  BY  MAYOR. 

Section  1.  The  mayor  shall  have  power  to  remit  any  fine, 
penalty  and  costs,  of  any  person  convicted  in  the  police  court 
of  the  city  for  the  violation  of  any  city  ordinance,  or  of  misdemeanor 
arising  under  the  laws  of  the  state,  upon  such  conditions,  and  with 
such  restrictions  and  limitations  as  he  may  think  proper,  sub- 
ject to  the  regulations  prescribed  in  this  ordinance.  The  court 
costs  shall  in  no  case  be  remitted,  except  on  the  written  affidavit 
of  the  party,  to  be  filed  with  the  mayor,  of  his  inability  to  pay 
or  secure  the  same. 

Section  2.  The  mayor  shall  have  power,  on  the  remission 
of  any  fine  or  penalty  and  costs,  to  issue  his  warrant  for  the  dis- 
charge of  the  prisoner  from  custody,  directed  to  the  sheriff  and 
keeper  of  the  county  jail  or  to  the  chief  of  police  and  keeper  of  the 
city  jail  or  other  place  of  confinement,  which  warrant  shall  be 
sufficient  authority  for  the  release  and  discharge  of  the  party 
confined. 

Fire  Arms,  Unnecessary  Discharge  of. 

See  Misdemeanors,  Section  29. 

Fire  Arms,  Sale  of  to  Minors. 

See  Misdemeanors,  Sections  103  and  104. 

Fire  Crackers,  Sale  and  Use  of. 

See  Misdemeanors,  Sections  29,  83.  85,  105,  106,  and  107. 


220  REVISED    ORDINANCES. 


CHAPTER  XXXIII. 
FIRE  HYDRANTS. 

Unlawful  to  draw  water  from. 

Section  1.  It  shall  be  unlawful  for  any  person  to  draw  water 
from,  to  open,  or  close,  or  to  do  any  other  thing  with  or  about 
any  fire  hydrant  in  the  city  of  Omaha,  unless  authorized  so  to 
do  under  the  authority  of  the  officials  of  said  city  or  of  the  city 
water  works  company. 

Unlawful  to  fasten  horses  to. 

Section  2.  It  shall  be  unlawful  for  any  person  to  put  any 
substance  or  thing  into  to  hitch,  or  fasten  horses  or  other  animals 
to,  or  to  meddle  or  tamper  in  any  way  with  any  such  fire  hydrant 
or  to  do  anything  with  or  about  the  same  not  necessary  and  proper 

for   its  legitimate  use. 

Penalty. 

Section  3.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  not  to  exceed  fifty  ($50)  dollars 
or  an  imprisonment  not  to  exceed  ten  days,  or  both. 


REVISED    ORDINANCES.  221 

CHAPTER  XXXIV. 

FIRE  LIMITS. 

Section  1.  That  all  that  part  of  the  city  of  Omaha  lying 
within  the  following  named  Vjoiindaries  are  hereby  designated 
as    fire    limits,    to- wit: 

Commencing  at  a  point  in  the  Missouri  river  on  the  eastern 
boundary  line  of  Omaha  w^here  the  same  is  intersected  by  the 
line  running  east  and  west  through  the  center  of  section  fifteen 
(15),  township  fifteen  (15)  north  of  range  thirteen  (13)  east,  and 
from  thence  running  west  on  said  line  through  the  center  of  said 
section  to  the  west  line  of  said  section,  thence  south  along  the 
section  line  on  the  west  side  of  said  section,  and  also  along 
the  section  Une  on  the  west  side  of  section  twenty-two  (22) 
in  the  aforesaid  township  and  range  to  a  point  where  the  same 
intersects  the  center  line  of  Leavenworth  street,  thence  east  on 
said  center  line  of  Leavenworth  street  to  a  point  where  the  same 
intersects  the  center  line  of  Twentieth  (20th)  street,  thence  south 
on  said  center  line  of  Twentieth  (20th)  street  to  a  point  where 
the  same  intersects  the  center  line  of  Pierce  street,  thence  east 
on  said  center  line  of  Pierce  street  to  a  point  where  the  same 
intersects  the  center  line  of  Sixth  (6th)  street,  thence  north  on 
center  line  of  Sixth  (6th)  street  to  a  point  where  the  same  inter- 
sects the  center  line  of  the  Union  Pacific  Railway  right  of  way 
leading  and  running  to  the  Union  Pacific  Railway  bridge  spanning 
the  Missouri  river,  thence  easterly  along  said  center  line  of  right 
of  way  and  l)ridge  to  a  point  where  the  same  intersects  the  eastern 
boundary  line  of  Omaha,  and  thence  northerly  along  said  eastern 
boundary  line  to  the  place  of  beginning. 

No  wooden  buildings. 

Section  2.  It  shall  be  unlawful  for  any  person  or  persons 
whosoever  to  erect,  build  or  construct,  or  cause  to  be  erected, 
built  or  constructed,  any  wooden  or  frame  building  or  part  or 
parts  thereof,  or  to  enlarge  any  wooden  or  frame  building,  or  to 
build  a  wooden  or  frame  addition  to  any  building  within  the 
fire  limits,  as  such  limits  arc  now  prescribed,  or  as  they  may 
hereafter  be   ])rescribed  by   ordinance. 


222  REVISED    OllDINANCES. 

Provided,  however,  that  small  additions  may  be  made  to 
frame  structures  after  the  application  for  the  same  has  been 
approved  by  the  building  inspector. 

Provided,  further,  that  temporary  frame  structures  ma}^ 
be  erected  within  said  fire  limits  in  special  cases  when  sanctioned 
and  permitted  by  a  concurrent  resolution  of  the  mayor  and  council. 

Removal — Wooden  buildings. 

Section  3.  No  wooden  building  shall  be  removed  from  one 
lot  to  another,  or  from  one  part  of  a  lot  to  another  part  thereof, 
where  it  would  be  a  violation  of  the  law  to  build  such  wooden 
building.  Nor  shall  any  wooden  building  which  shall  have  be- 
come damaged  to  the  extent  of  fifty  (50)  per  cent,  of  the  cost 
of  a  similar  new  building  (exclusive  of  foundation)  by  fire  or  other 
causalty,  or  decay,  be  repaired  or  reouilt.  Any  building  which 
may  hereafter  be  damaged  by  fire  or  other  causalty  to  an  amount 
greater  than  fifty  (50)  per  cent,  of  the  cost  of  a  similar  new 
building,  shall  be  taken  down  and  removed  within  fifteen  days 
from   the  date  of  such  fire  or  other  casualty. 

Penalty. 

Section  i.  Any  owner,  builder,  house  mover  or  other  person 
who  shall  OAvn,  build,  move,  or  aid  in  building,  raising,  moving 
or  repairing  buildings  within  the  fire  limits  contrary  to  the  pro- 
visions hereof,  or  any  person  who  shall  refuse  to  move  any  build- 
ing that  may  have  become  damaged  by  fire  or  other  casualty,  or 
decay,  within  fifteen  days  after  being  so  notified  shall  be  subject 
to  a  penalty  of  not  less  than  twenty-five  dollars  (S25),  nor  more 
than  one  hundred  dollars  ($100)  per  day  for  each  and  every  day 
such  Avooden  or  frame  building,  or  any  such  part  or  parts  thereof, 
or  any  such  wooden  or  frame  addition  shall  be  permitted  by  such 
person  to  remain  within  said  fire  limits  after  conviction  for  the 
erection,   building  or  construction  thereof. 

Storage  of  coal. 

Section  5.  No  structure  for  the  storage  of  coal  or  lumber 
shall  be  kept  upon  any  premises  within  said  fire  limits,  which  are 
not  now  occupied  for  such  purpose,  unless  special  permission 
therefor  be  granted  by  the  city  council. 


REVISED    ORDIXAXCES.  223 


CHAPTER  XXXV. 


Fire  and  Police  Commission — Clerk  of. 

Section  1.  That  it  shall  be  the  duty  of  the  mayor,  upon 
the  recommendation  of  the  Board  of  Fire  and  Police  Commissioners 
of  the  city  of  Omaha,  to  appoint  a  clerk  of  said  Board  of  Fire  and 
Police  Commissioners,  subject  to  confirmation  by  the  city  council, 
the  said  clerk  so  appointed  and  confirmed  to  hold  his  office 
as  clerk  of  said  board  until  the  end  of  the  mayor's  term  of  office, 
unless  for  good  and  sufficient  reason  he  shall  be  removed  by  the 
mayor  with  the  consent  and  approval  of  the  board  and  council. 
The  clerk  of  the  Board  of  Fire  and  Police  Commissioners  shall 
receive  a  salary  at  the  rate  of  $1,200  per  annum,  payable  monthly. 
He  shall  keep  in  proper  form  the  records  of  the  Board  of  Fire  and 
Police  Commissioners  and  be  in  attendance  at  the  office  of 
said  board  during  usual  business  hours,  and  shall  attend  the 
sessions  of  said  board  and  perform  such  other  duties  and  services 
as  may  be  required  by  said  board. 


CHAPTER  XXXVI. 
FIRES,  PREVENTION  OF. 

Inflammable  material  in  cellars,  etc. 

Section  1.  That  it  shall  be  unlawful  for  the  owners  of  un- 
occupied buildings  and  the  lessess  and  occupants  of  buildings 
occupied,  used  in  whole  or  in  part  for  business  purposes,  to  allow 
or  permit  any  rubbish,  old  papers,  rags,  broken  boxes,  kindlings, 
or  other  inflammable  material  to  accumulate  or  remain  in  the  cellars, 
basements,  area-ways,  or  other  places  connected  therewith  or  ad- 
jacent thereto,  of  such  buildings,  and  every  person  found  guilty 
of  the  aforesaid  acts  shall  be  punished  by  a  fine  of  not  less  than 
ten  dollars  nor  more  than  fifty  dollars. 

Inspection— Warrant  of  arrest. 

Section  2.  That  the  chief  of  the  fire  department  and  the 
chief  of  police  be  and  they  are  hereby  directed,  under  the  orders  and 
instructions  of  the  Board  of  Fire  and  Police  Commissioners,  to 


224  REVISED    ORDINANCES. 

inspect  at  least  once  every  six  months  and  oftener  if  directed  so 
to  do  by  the  ma3'or,  council  or  board  of  fire  and  Police,  every 
building  used  in  whole  or  in  part  for  business  purposes  and  to 
notify  the  owners  of  unoccupied  ])uildings  and  the  lessees  and 
occupants  of  buildings  occupied,  to  remove  all  rubbish,  old  papers, 
rags,  broken  boxes,  kindlings,  or  other  inflammable  materials  from 
the  cellars,  basements,  area-ways,  or  other  places  connected  there- 
with or  adjacent  thereto,  of  such  buildings  at  once;  and  have 
such  cellars,  basements,  area-ways  and  places  connected  therewith, 
thoroughly  whitewashed,  and  to  report  the  names  of  all  persons  who 
refuse  or  neglect  to  comply  -with  such  notice  within  three  days  after 
the  same  has  been  given,  to  the  maj^or  and  police  judge,  and  the 
police  judge  shall  issue  a  warrant  for  the  arrest  of  all  such  parties, 
charging  them  with  keeping  and  maintaining  a  public  nuisance, 
endangering  the  health  and  property  of  the  people  of  the  city 
of  Omaha;  and  any  person  found  guilty  of  keeping  and  main- 
taining such  nuisance  shall  be  fined  as  provided  by  section  one  of 
this  chapter. 

CHAPTER  XXXVII. 

FIRE  REPORTER. 

Section  1.  That  the  mayor  of  the  city  of  Omaha  be  and  he  is 
hereby  authorized  and  directed  to  issue  to  W.  S.  Adams  and  his 
successors  and  assigns  a  permit  to  run  and  operate  his  Fire  Reporter 
for  the  period  of  ten  years,  from  May  12th,  1904,  through  the 
streets,  alleys  and  public  grounds  of  the  city  of  Omaha;  Provided, 
however,  that  the  right  of  the  said  W.  S.  Adams  to  run  and 
operate  his  said  Fire  Reporter  shall,  at  all  times  be  under  such 
regulations  as  may  be  prescribed  by  the  fire  and  police  commis- 
sioners of  the  said  city  of  Omaha,  and  any  failure  of  the  said  W. 
S.  Adams  or  his  successors  or  assigns  to  comply  with  such  regu- 
lations as  may  be  prescribed  by  the  fire  and  police  commissioners 
shall  forfeit  all  right  which  may  be  granted  by  such  permit  or 
by  this  chapter. 

Fires  on  Streets, 

See  Street  Sprinkling,  Section  5. 


REVISED    ORDIXANCES.  225 


CHAPTER  XXXVIII. 

License.  FISH,  SALE  OF. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person 
or  persons  to  sell  or  engage  in  the  business  of  selling  at  retail 
in  and  along  the  public  streets  and  alleys  of  the  city  of  Omaha,  from 
a  wagon  or  other  vehicle,  any  fish  or  meat,  without  first  procuring 
a  license   as  herein   required. 

Fees. 

Section  2.  The  hcense  fees  required  to  be  paid  for  said  busi- 
ness shall  be  as  follows: 

For  each  wagon  engaged  in  the  sale  of  fish,  per  j^ear,  SIO.OO. 

For  each  wagon  engaged  in  the  sale  of  meat,  per  year,  $20.00. 

Said  license  shall  be  issued  by  the  city  clerk  in  the  usual 
manner,  upon  the  payment  to  him  of  the  fee  provided  in 
this  section,  all  of  said  licenses  to  expire  December  31,  of 
the  year  in  which  they  are  issued. 

Penalty. 

Section  3.  Any  person  violating  any  of  the  provisions  of 
this  chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon 
conviction  thereof,  shall  be  fined  in  any  sum  not  less  than  five 
dollars  (So. 00)  nor  more  than  fifty  dollars  ($50.00)  or  be  imprisoned 
not  to  exceed  thirty  da3-s,  or  be  both  fined  and  imprisoned, 
at  the  discretion  of  the  court. 

Funeral  Procession,  Disturbance  of. 

See  Misdemeanors,  Sections  101  and  10*2. 

Gambling. 

■  See 'Misdemeanors,  Section  .50. 

Ganibling  Houses,  Keeping  of. 

See  Misdemeanors,  Section  49. 

Gambling,  Use  of  Premises  for. 

See  Misdemeanors,  Section  48. 

Garbage. 

See  Sanitary  Reo:ulati(>ns. 


226  REVISED    ORDINANCES. 

CHAPTER  XXXIX. 
GAS  xMANUFACTURING. 

Unlawful  to  discharge  gas  refuse  into  sewers. 

Section  1.  That  it  is  hereby  declared  unlawful  for  any  per- 
son, company,  association  or  corporation  engaged  in  the  manu- 
facture of  gas,  to  discharge  or  permit  to  be  discharged  into  any 
public  sewer  within  the  city  of  Omaha,  any  liquid,  waste  or  refuse 
of  any  kind  or  nature  whatever,  created  by,  or  resulting  from 
the   manufacture   of   gas. 

Sewer  connections  to  be  removed. 

Section  2.  Any  person,  corporation,  company  or  associa- 
tion now  having  an}^  connection  with  any  public  sewer  within 
the  city  of  Omaha,  wherein  is  discharged  any  fluid,  waste  or  other 
refuse  matter,  created  by  or  residting  from  the  manufacture  of 
gas,  shall  within  ninety  days  from  the  passage  and  approval  of 
this  ordinance,  remove  such  connection,  and  in  a  proper  manner 
close  the  entrance  thereby  made  in  the  public  sewer,  and  failing 
or  neglecting  so  to  do,  that  the  city  engineer  cause  the  same  to 
be  done. 

Penalty. 

Section  3.  Any  person,  company,  association  or  corporation 
violating  any  of  the  provisions  of  this  chapter,  or  failing  or 
neglecting  to  comply  therewith,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  for  each  offence 
be  fined  in  any  sum  not  less  than  ten  ($10)  dollars,  or  more  than 
one  hundred  ($100)  dollars,  and  the  continuance  of  any  connec- 
tion with  any  public  sewer  for  the  discharge  of  any  licmid,  waste 
or  other  refuse  created  by  or  resulting  from  the  manufacture  of 
gas,  after  ninet)'  (90)  days  from  the  approval  of  this  ordinance, 
or  the  use  of  any  such  connection  for  the  discharge  or  removal 
of  any  such  liquid,  waste  or  refuse,  shall,  for  each  da}^,  the  same 
is  so  continued  or  used,  be  taken  to  be  a  separate  and  distinct 
offense. 


RKVISKD    ORDINANCES.  227 


CHAPTER  XL. 
Appointment.  GAS  INSPECTOR. 

Section  1.  That  the  office  of  gas  inspector  for  the  city  of 
Omaha  be,  and  hereby  is  created. 

The  said  inspector  shall  be  appointed  by  the  mayor,  by  and 
with  the  consent  of  a  majority  of  the  entire  council,  and  shall 
be  subject  to  removal  from  said  office  at  any  time  by  the  mayor, 
by  and  with  the  consent  of  the  council. 

Bond. 

Section  2.  The  gas  inspector  shall  be  required  to  give  bond 
in  the  sum  of  one  thousand  ($1,000)  dollars,  conditioned  as  re- 
quired by  the  act  incorporating  metropolitan  cities  and  he  shall 
receive  a  salary  of  one  hundred  and  twenty-five  ($125)  dollars 
per  month. 

Duties. 

Section  3.  It  shall  be  the  duty  of  the  gas  inspector  as  often 
as  once  in  three  months,  to  carefully  and  accurately  examine  and 
test  each  of  the  gas  meters  used  for  measuring  gas  furnished 
to  the  city  of  Omaha,  and  it  shall  be  his  duty  to  see  that  all  the 
provisions  in  any  contract  now  existing  or  hereafter  made  with 
any  person,  company  or  corporation  furnishing  gas  to  the  city 
or  lighting  the  gas  lamps  of  the  city,  are  faithfully  perfoi-med  and 
carried  out,  and  that  all  street  lamps  are  lighted  promptly  at 
or  before  the  time  required  by  such  contract,  and  not  extinguished 
before  the  time  fixed  by  such  contract,  and  it  shall  be  the  duty  of 
said  inspector  to  examine  and  test  as  often  as  may  be  necessary, 
the  burners  on  the  street  lamps  of  the  city,  and  to  require  that 
said  burners  be  kept  clean  and  open,  so  as  to  give  an  even,  steady 
light,  each  ecjual  in  illuminating  powers  to  at  least  fourteen  sperm 
candles  burning  together,  and  to  be  capable  when  lighted  of 
actually  burning  fully  five  (5)  cubic  feet  of  gas  per  hour. 

It  shall  bo  his  duty  to  see  that  the  glass  in  all  street  lamps 
of  the  city  be  kept  clean,  and  clear,  and  whenever  broken,  repaired 
without  delay,  and  to  see  generally  that  all  street  lamps  of  the 
city  are  kept  in  constant  and  perfect  order  and  repair. 


228  REVISED    ORDINANCES. 

It  shall  also  be  his  duty  to  obtain  and  keep  a  perfect  schedule 
of  the  location  of  all  the  street  lamps  of  the  city,  and  to  keep  a 
careful  and  accurate  list  of  all  lamps  out  of  repair,  or  not  burning 
the  full  time  required  by  contract,  and  to  keep  an  account  as 
carefully  and  accurately  as  jjossible,  of  any  and  all  lamps  not 
lighted,  or  lighted  after  the  time  required  by  contract  or  exting- 
guished  before  the  time  specified  by  contract. 

He  shall  receive  and  note  in  a  book,  for  that  purpose,  any 
and  all  complaints  concerning  the  condition  of  the  street  lamps 
or  the  lighting  or  extinguishing  thereof,  and  as  soon  as  possible 
investigate  such  complaints,  and  each  and  every  month  report 
to  the  city  council  the  number  of  lamps  required  to  be  lighted, 
the  number  actually  lighted,  the  number  out  of  repair,  the  number 
repaired,  and  the  nature  of  such  repairs,  the  number  and  location 
of  all  lamps  not  lighted  the  time  required  by  contracts,  the  length 
of  time  as  nearly  as  can  be  estimated  that  each  lamp  not  lighted 
as  required  by  contract,  was  not  burning,  and  the  number  of 
private   gas   meters   tested. 

He  shall  also  report  each  month  to  the  city  council,  the 
amovmt  of  gas  consumed  by  each  of  the  gas  meters  used  for  measur- 
ing gas  furnished  to  the  city,  the  condition  of  said  meters,  and 
shall  make  such  further  reports  or  give  such  additional  informa- 
tion, as  may  be  required  by  the  council  or  as  he  may  deem  proper 
and  necessary. 

Additional  duties. 

Section  4.  Whenever  it  shall  come  to  the  notice  or  knowl- 
edge of  the  gas  inspector,  that  any  street  lamp  or  burner  is  out 
of  repair,  or  that  the  glass  in  any  lamp  is  not  clean  and  clear 
or  is  broken,  it  shall  be  his  duty  to  at  once  notify  the  gas  company 
contracting  with  the  city  forthwith,  to  make  the  necessary  re- 
pairs, clean  or  replace  the  defective  burners,  replace  the  broken 
glass,  or  clean  the  same  as  the  case  may  be  and  if  said  gas  com- 
pany fails  or  neglects  for  the  space  of  forty-eight  hours  from 
the  time  of  the  giving  of  such  notice,  to  make  the  required  repairs, 
or  to  do  the  cleaning  required,  it  shall  thereupon  be  the  duty  of 
said  inspector  immediately  to  make  such  repairs  or  do  such  clean- 
ing or  cause  the  same  to  be  done,  and  to  keep  an  account  of  the 
time  employed,  or  expense  incurred  in  making  such  repairs  or 
doing  such  cleaning,  charging   the   same    to  the    account   of  said 


REVISED    ORDINANCES.  229 

gas  company,  to  be  deducted    from    any  bill    of    said    company, 
against  the  city. 

Make  test  of  meters. 

Section  5.  Whenever  requested  so  to  do  by  any  person 
consuming  gas  furnished  by  any  gas  company  in  the  city  of 
Omaha,  and  upon  the  payment  to  the  inspector,  for  the  use  of 
the  city,  of  the  sum  of  one  ($1)  dollar,  and  such  further  sum  not 
exceeding  two  ($2)  dollars,  as  may  be  necessary  and  reasonable 
to  cover  the  expense  in  making  the  test  as  requested,  it  shall 
be  the  duty  of  the  gas  inspector  to  examine  and  test  any  gas 
meter  as  so  requested,  and  to  give  such  consumer  a  certificate 
as  to  the  condition  and  accuracy  of  said  meter. 

Inspect  gas  works. 

Section  6.  It  shall  be  the  duty  of  the  gas  inspector  from 
time  to  time,  and  as  often  as  may  be  necessary,  or  whenever 
required  by  the  city  council,  to  inspect  the  works  and  premises 
of  any  person,  company  or  corporation  manufacturing  or  fur- 
nishing gas  in  the  city  of  Omaha,  and  to  inspect  and  test  the 
character  and  quality  of  any  gas  so  manufactured  or  furnished, 
and  report  as  to  the  condition  of  said  premises,  the  character 
and  quantity  of  combustible  or  dangerous  material  thereon,  the 
character  and  quality  of  such  gas  whether  of  an  unusual  or  danger- 
ous character,  or  whether  in  all  respects  pure  and  safe,  and  whether 
said  gas  is  of  the  average  specific  gravity,  or  w^hether  injurious 
or  deleterious  to  the  health  of  those  burning  the  same. 

Giant  Fire  Crackers. 

See  Misdemeanors,  Sections  83  and  85. 

Gutters,  Obstruction  of. 

See  Misdemeanors,  Section  44. 

Hand  Bills. 

See  Misdemeanors,  Section  92. 

Hanscom  Park,  Dogs  and  Other  Animals  in. 
See  Animals,  Sections  30  and  31. 


230  REVISED    ORUIXANCES. 

CHAPTER  XLI. 

Permit.  HAULING  DIRT. 

Section  1.  It  shall  be  unlawful  for  any  person,  company  or 
corporation  to  haul,  or  authorize  to  be  hauled,  any  earth  in  excess 
of  ten  cubic  yards  over,  across,  or  along  any  paved  street  or  alley 
in  the  city  of  Omaha  without  a  permit  from  the  street  commissioner 
of  said  city  so  to  do,  subject  to  the  regu*lations  provided  in  this 
ordinance. 

Fees. 

Section  2.  Before  any  person,  company  or  corporation  shall 
enter  upon  any  work  requiring  the  hauling  of  more  than  ten  cubic 
3'ards  of  earth  over,  along  or  upon  any  paved  street  or  alley  in  the 
city  of  Omaha,  application  must  be  made  to  the  street  commissioner 
of  said  city,  stating  the  place  from  which  said  earth  is  to  be  removed, 
and  the  place  to  which  the  same  is  to  be  hauled,  together  with  a 
proximate  estimate  of  the  number  of  cubic  yards  embraced  in 
said  work,  and  accompany  said  application  with  a  deposit  in  money 
in  amount  as  follows : 

Where  the  amount  of  earth  to  be  hauled  does  not  exceed  one 
hundred  (100)  cubic  yards,  the  deposit  shall  be  ten  (SIO)  dollars. 

Where  the  amount  of  earth  to  be  hauled  exceeds  one  hundred 
(100)  cubic  yards  and  does  not  exceed  one  thousand  (1,000)  cubic 
yards,  the  deposit  shall  be  twenty  (S20)  dollars. 

Where  the  amount  of  earth  to  be  hauled  exceeds  one  thousand 
(1,000)  cubic  yards,  the  amount  of  the  deposit  shall  be  not  less 
than  twenty  ($20)  dollars,  nor  more  than  one  hundred  ($100) 
dollars,  as  may  be  fixed  by  the  street  commissioner. 

The  street  commissioner  shall  thereupon  issue  a  permit  for 
such  work,  designating  thereon  the  part  of  paved  streets  or  alleys 
over  or  across  or  upon  which  the  same  is  to  be  hauled,  and  the  time 
when  such  work  \nll  be  permitted,  and  such  permit  shall  be  sub- 
ject to  inspection  upon  demand  of  any  city  officer  or  any  employe 
of  the  city  who  may  be  designated  bj'-  the  street  commissioner 
to  look  after  such  work ;  Provided,  that  all  permits  issued  under  the 
provisions  of  this  chapter  shall  have  attached  thereto  a  copy 
of  this  chapter. 


REVISED    ORDINANCES.  231 

Duties  in  hauling. 

Section  3.  .  It  shall  be  the  duty  of  any  person,  company  or 
corporation  engaged  in  hauling  earth  over,  along  or  across  any 
part  of  any  paved  street  or  alley  in  the  city  of  Omaha  in  pursuance 
of  a  permit  as  heretofore  outlined,  to  use  wagons  for  hauhng  such 
earth  of  such  construction  as  the  street  commissioner  may  approve, 
and  to  so  load  such  wagons  in  such  mannner  and  to  so  clean  them 
after  unloading,  as  to  prevent  the  spilling  or  wasting  of  earth 
therefrom  in  passing  over  the  streets  and  alleys,  and  it  shall  be 
the  duty  of  such  person,  company  or  corporation  holding  such 
permit,  during  the  progress  of  such  work,  to  keep  the  paved  streets 
and  alleys  over  which  dirt  shall  be  hauled  by  them,  free  from  any 
dirt  that  may  accidentally,  or  otherwise,  be  spilled  upon  pavements, 
gutters  or  sidewalks,  and  properly  clean  the  same  when  required 
by  the  street  commissioner;  Provided,  that  no  person,  company  or 
corporation  holding  any  permit  for  the  hauling  of  earth  under  the 
provisions  of  this  chapter,  shall  haul  the  same  over,  upon  or  across 
any  permanent  sidewalk  in  the  city  of  Omaha  without  first  thor- 
oughly covering  such  sidewalk  with  planks  of  not  less  than  two 
inches  in  thickness,  and  it  shall  be  the  duty  of  such  person,  company 
or  corporation  to  clean  such  planks  daily. 

Protection  of  city. 

Section  4.  The  street  commissioner  shall  have  the  right, 
when  any  person,  compan}^  or  corporation  operating  under  a  permit 
shall  fail  to  remove  dirt  spilled,  wasted  or  left  by  such  person, 
company  or  corporation  upon  any  pavement,  gutter,  sidewalk  or 
crossing  along  the  line  of  their  haulage  when  required,  to  cause 
the  same  to  be  done  at  the  expense  of  and  out  of  the  funds  specially 
deposited  in  connection  with  such  permit,  the  balance  of  such 
fund,  if  any,  remaining  after  the  completion  of  the  work  under  such 
permit  to  be  returned  to  the  person,  company  or  corporation  deposit- 
ing the  same,  and  if  at  any  time  the  deposit  shall  prove  to  be  in- 
sufficient, then  the  street  commissioner  shall  be  empowered  to 
stop  further  work  and  haulage  until  an  additional  amount  shall 
have  been  deposited,  which,  in  the  opinion  of  the  street  commis- 
sioner shall  be  sufficient  to  maintain  the  pavements,  gutters, 
sidewalks  and  crossings  clear  of  earth  during  the  progress  of  the 
work,  and  after  the  completion  of  such  work  the  balance  of  such 
deposit  shall  be  returned  to  the  depositor  upon  the  return  of  the 
permit  and  receipt  issued  to  him. 


232  REVISED    Om-IXAXCKS. 

Penalty. 

Section  5.  Any  person,  company  or  corporation  hauling  any 
earth  in  excess  of  ten  cubic  yards  over,  along  or  across  any  paved 
street,  alley,  sidewalk  or  crossing  in  the  city  of  Omaha  without  a 
permit  so  to  do  as  herein  provided,  and  any  person,  company  or 
corporation  violating  any  provision  of  this  chapter,  insofar  as  the 
same  applies  to  the  hauling  of  earth  over,  across  or  along  any 
paved  street,  alley,  sidewalk  or  crossing,  shall  be  deemed  guilty  of 
a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not 
exceeding  one  hundred  ($100)  dollars  or  imprisoned  not  exceeding 
thirty  (30)  days,  or  both,  at  the  discretion  of  the  court,  and  each 
and  every  day  that  any  person,  company  or  corporation  shall  haul 
any  dirt  over,  along  or  across  any  paved  street,  alley  or  sidewalk 
in  said  city  of  Omaha  without  any  such  permit,  or  upon  any  other 
paved  streets  and  allej's  than  those  specified  in  said  permit,  shall 
be  deemed|and  held  to  be  a  separate  and  distinct  offiense. 

Hitching  Animals  at  Unlawful  Places. 

See  Hitching  Posts  and  Rings,  Section  6. 


REVISED    ORUINAXCES.  233 

CHAPTER  XLII. 
HITCHING  POSTS  AND  RINGS. 

Posts  or  rings  required. 

Section  1.  Every  owner  of  any  lot  in  the  city  of  Omaha, 
occupied  for  resident  or  business  purposes,  shall  provide,  erect  and 
maintain  in  front  of  such  lot  suitable  rings  or  posts  for  the  hitching 
of  horses. 

Rings. 

Section  2.  Whenever  the  sidewalk  jn  front  of  any  lot  occu- 
pied for  resident  or  business  purposes  has  been  curbed,  or  whenever 
the  same  shall  be  curbed,  or  whenever  the  sidewalk  is  of  such  ma- 
terial as,  in  the  opinion  of  the  sidewalk  inspector,  to  furnish  a  con- 
venient, firm  and  suitable  bed  or  base  for  the  fastening  of  rings, 
rings  shall  be  provided  and  maintained.  The  rings  to  be  provided 
shall  be  made  of  half-inch  iron,  and  the  interior  diameter  thereof 
shall  be  in  no  case  less  than  two  and  one-half  (2^)  inches.  They 
shall  be  securely  and  firmly  set  and  fastened  with  staples  in  the 
curbing,  or  where  there  is  no  curbing  in  the  outer  edge  of  the  side- 
walk. Where  rings  are  provided,  there  shall  be  at  least  two  rings 
in  front  of  every  lot,  placed  at  a  distance  of  not  less  than  eleven 
(11)  feet  apart. 

Posts. 

Section  3.  Wherever  the  sideAvalk  in  front  of  any  lot  occupied 
for  resident  or  business  purposes  has  not  yet  been  curbed,  or 
wherever  the  sidewalk  is  of  such  material  as,  in  the  opinion  of  the 
sidewalk  inspector,  not  to  furnish  a  convenient,  firm  and  suitable 
bed  or  base  for  the  fastening  of  rings,  posts  shall  be  erected  and 
maintained.  When  posts  are  erected,  there  shall  be  at  least  two 
posts  in  front  of  every  lot;  said  j)osts  shall  in  no  case  be  more 
than  four  (4)  feet  in  height  above  the  level  of  the  sidewalk,  and 
shall  not  be  more  than  six  (6)  inches  in  diameter;  they  shall  be 
set  securely  in  the  ground,  within  and  contiguous  to  the  outer 
edge  of  the  sidewalk,  at  a  distance  of  not  less  than  eleven  (11)  feet 
apart. 


234  REVISED    ORDINANCES.  ^ 

Duty  of  sidewalk  inspector. 

Section  4.  It  shall  be  the  duty  of  the  sidewalk  inspector,  to 
notify  any  such  owner  of  an  occupied  resident  or  business  lot, 
who  has  not  already  complied  with  the  provisions  of  the  preceding 
three  sections,  to  provide,  erect  and  maintain  hitching  rings  or 
posts,  as  herein  prescribed;  and  if  such  owner  shall  for  the  space  of 
ten  days  thereafter  fail,  neglect  or  refuse  to  comply  with  said  sec- 
tions he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof,  shall  be  fined  in  any  sum  not  to  exceed  five  ($5) 
dollars. 

Unhitched  horses — penalty. 

Section  .5.  It  shall  be  unlawful  for  any  person  to  allow  any 
"horse,  horses,  mule  or  mules  belonging  to  him  or  in  his  charge,  or 
under  his  direction,  to  stand  or  remain  on  any  street,  avenue  or 
alley  or  other  public  space  within  the  city  of  Omaha  unless  securely 
tied  or  hitched  or  in  charge  of  some  competent  person  in  such 
situation  as  to  secui-elj-  hold  or  control  such  animal  or  animals. 

Any  person  who  shall  violate  or  fail  to  comply  with  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
theerof  shall  be  fined  in  any  sum  not  to  exceed  twenty  ($20)  dol- 
lars. 

Unlawful  hitching  places. 

Section  6.  It  shall  be  unlawful  for  any  person  to  hitch  any 
horse  or  other  animal  to  any  public  lamp  post,  or  any  awning  post, 
or  public  hydrant  in  any  public  street,  avenue  or  alley,  or  other 
public  place  in  the  city,  or  to  any  shade  or  ornamental  tree  stand- 
ing or  growing  therein,  or  to  the  boxing  or  railing  about  such  trees. 
Any  person  violating  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  to  exceed  twenty  ($20)  dollars. 

Police  to  take  unhitched  animals. 

Section  7.  It  shall  be  the  duty  of  the  police  of  said  city  to 
secure  and  retain  any  horse  or  other  animal  left  unhitched  on  the 
streets,  avenues  or  alleys,  or  public  grounds  in  the  city,  or  that 
shall  be  hitched  in  violation  of  the  provisions  of  this  chapter,  until 
the  owner  or  person  in  charge  of  such  horse  or  other  animal  has  been 
prosecuted   as   provided   herein. 


REVISED    ORDINANCES.  235 

CHAPTER  XLIII. 

HOUSE  MOVING. 
Licensed  house  mover. 

Section  1.  It  shall  be  unlawful  for  any  person  except  a 
licensed  house  mover  to  move,  raise  of  lower  any  building  or  any 
part  of  any  building  in  the  city  of  Omaha. 

License. 

Section  2.  Any  person,  before  engaging  in  the  occupation 
or  business  of  house  mover,  and  before  moving,  raising  or  lower- 
ing any  building  or  part  or  parts  of  buildings  in  the  city  of  Omaha, 
shall  obtain  a  license  as  such  house  mover,  as  herein  required. 
The  license  fee  for  such  license  shall  be  $20.00  per  year,  or  SIO.OO 
for  six  months,  all  such  licenses  to  expire  either  on  the  30th  day 
of  June,  or  the  31  st  day  of  December  of  the  year  in  which  the  same 
are  issued.  Upon  the  payment  of  such  license  fee  to  the  city 
clerk,  and  the  filing  and  approval  of  a  bond  as  herein  required, 
it  shall  be  the  duty  of  the  city  clerk  to  issue  such  license. 

House  mover's  bond. 

Section  3.  The  bond  required  to  be  filed  by  any  applicant 
for  a  license  as  a  house  mover  shall  be  in  the  sum  of  three  thousand 
($3,000.00)  dollars  with  good  and  sufficient  securities,  who  shall 
justify  that  they  are  each  residents  of  the  city  of  Omaha,  and  the 
county  of  Douglas,  and  are  worth  over  and  above  all  exemptions 
and  liabilities,  at  least  double  the  amount  of  such  bond,  or  an 
approved  surety  bond — said  bond  to  be  approved  by  the  Maj^or 
and  city  council  and  such  bond  shall  be  conditioned,  among  other 
things,  that  the  said  applicant  will  pay  any  and  all  damages  which 
may  happen  to  any  tree,  pavement,  curb,  street  or  sidewalk,  or 
to  any  telegraph,  telephone,  street-car  or  electric-light  pole  within 
said  city,  whether  said  damage  or  injury  should  be  inflicted  by 
said  party  or  his  agents,  employes  or  workmen,  and  conditioned 
also,  that  the  said  party  will  save  and  indemnify  and  keep  harm- 
less the  city  of  Omaha  against  all  liabilities,  judgments,  costs  and 
expenses  which  may  in  anywise  accrue  against  said  city  in  con- 
sequence of  the  granting  of  such  license,  and  that  said  party  will 
in  all  things  strictly  comply  with  the  conditions  of  such  license 


236  REVISF.D    ORDIX.-VXCES. 

and  the  ordinances  of  said  city  relating  to  bouse  movers;  Pro- 
vided, that  in  no  case  shall  iron  stakes  be  driven  into  the  asphalt 
or  brick  pavement,  or  shall  injury  be  done  to  the  curbing  or  pave- 
ments or  to  any  sewer,  street  crossing  or  sidewalk.  Should  the 
bond  of  such  applicant  not  be  approved,  the  city  clerk  shall  re- 
turn the  license  fee  paid  by  such  applicant. 

Permit. 

Section  4.  Before  moving  any  building  upon,  along  or  across 
any  public  street,  alley,  or  any  public  ground  in  the  city  of  Omaha, 
a  permit  shall  first  be  obtained  from  the  building  inspector  by  a 
licensed  house  mover,  authorizing  and  allowing  such  house  mover 
to  move  the  building  designated,  upon,  along  or  across  the 
required  streets;  alleys,  or  public  ground,  designating  the 
same,  and  prescribing  the  route  to  be  taken  and  limiting 
the  time  for  such  removal.  Upon  making  application  for 
such  permit  the  licensed  house  mover  shall  be  required  to  pay 
therefor  the  sum  of  three  dollars  (S3. 00) ;  Provided,  that  the 
provisions  of  this  section  shall  not  apply  to  moving  or  raising  any 
building  on  private  premises  and  not  going  upon  any  alley 
or  public  ground  except  as  herein  provided. 

What  buildings  can  be  moved. 

Section  5.  No  frame  building  in  the  city  of  Omaha  shall 
be  moved  unless  such  building  is  worth  fifty  per  cent  of  the  cost 
of  a  similar  new  building.  The  inspector  shall  judge  as  to  the 
propriety  of  allowing  buildings  to  be  moved  upon  any  of  the  paved 
streets,  and  may,  in  his  discretion,  refuse  a  permit  so  to  do.  And 
in  no  case  shall  he  perinit  any  building  to  be  moved  vipon,  over  or 
along  any  boulevard  except  upon  the  written  consent  of  the  board 
of  park  commissioners.  * 

Property  owners  assent  to  removal. 

Section  6.  Any  person  desiring  to  remove  a  building  shall 
first  obtain  the  written  assent  to  such  removal  from  persons  owning 
property  (or  their  legal  and  authorized  agents)  fronting  on  such 
street  on  each  side  of  the  lot  upon  which  said  building  is  proposed 
to  be  moved  for  a  distance  of  not  less  than  150  feet  in  each  direc- 
tion, including  streets  and  alleys,  and  shall  secure  the  assent  to 
such  removal  from  persons  owning  property  (or  their  legal  and 
authorized  agents)  fronting  on  said  street  opposite  the  said  lot 


REVISED    OKDIMANCES.  237 

on  which  said  building  is  proposed  to  be  located  for  a  distance  of 
not  less  than  100  feet  in  each  direction  from  a  point  directly 
opposite  the  lot  on  which  said  building  is  proposed  to  be  located, 
and  shall  also  file  an  affidavit,  subscribed  and  sworn  to  by  the  person 
or  persons  who  secured  the  written  assent  to  such  removal  as  herein 
provided  for,  in  the  following  form,  as  near  as  may  be,  to- wit: 

CITY  OF  OMAHA,     j 

County  of  Douglas,       v  §§ 
State  of  Neln-aska.        ^ 

and ,  each  being  duly  sworn,  on 

oath  deposes  and  says,  each  for  himself,  that  he  was  present  and 
saw  the  persons  whose  names  are  subscribed  to  the  above  petition, 
sign  the  same,  and  that  each  and  every  one  of  said  parties  claimed 
at  the  time  of  signing  such  petition  that  they  were  the  owners  of 
the  property  placed  opposite  their  respective  names  in  the  above 
petition,  or  the  attorneys  or  agents  of  the  owners,  with  full  authority 
to  sign  and  act  for  them. 


Subscribed  and  sworn  to  before  me  this day  of , 

A.  D.  19—. 


After  such  reqviirements  as  above  stated,  said  Building  Inspec- 
tor shall  issue  a  permit  to  such  owner  or  person  allowing  the  re- 
moval of  such  building  to  such  location.  The  fee  for  such  permit  shall 
be  paid  by  either  the  owner  or  person  asking  for  such  permit.  Provid- 
ed,however,  that  where  the  building  inspector  refuses  to  issue  a  per- 
mit for  the  removal  of  any  such  building,  shed  or  other  structure 
because  such  building,  in  his  judgment,  may  not  be  worth  fifty 
per  cent,  of  the  cost  of  a  similar  new  building,  then  and  in  that 
case  the  owner  of  such  building  may  proceed  to  obtain  the  written 
assent  of  property  owners,  as  provided  in  this  section,  to  such 
removal,  and  if  such  assent  shall  be  obtained,  then  he  may  submit 
the  refusal  of  the  building  inspector  together  with  written  assent 
to   the   city   council   and   mayor. 

Special  permission — Fee. 

Section  7.  The  building  inspector  may,  in  his  discretion, 
grant  a  permit  for  the  removal  of  a  building  from  one  part  of  a 
lot  to  another  part  of  a  lot  within  the  fire  limits  of  said  city,  but 


238  REVISED    ORDINANCES. 

not  going  upon  any  street,  alley  or  public  ground,  upon  the  i)ay- 
ment  of  the  fee  of  S2.00  to  the  city  treasurer.  The  building  in- 
spector may  also  grant  a  permit  for  the  raising  or  lowering  of  a 
building  within  the  fire  limits  of  the  city  where  such  raising  or 
lowering  is  required  to  bring  such  building  to  the  grade  of  the 
street  or  alley  adjacent  to  the  lot  on  which  said  bviilding  stands, 
Provided,  the  same  shall  not  go  upon  the  premises  of  any  other 
person  or  upon  any  street,  alley  or  public  ground,  upon  the  pay- 
ment of  the  fee  herein  required ;  Provided,  however,  that  in  no 
case  shall  a  building  be  permitted  to  be  raised  or  lowered  unless 
the  same  shall  be  worth  at  least  fifty  per  cent  of  the  cost  of  a 
similar  new  building. 

Removal  of  wire — Notice. 

Section  8.  Whenever  it  shall  be  necessary  for  any  licensed 
house  mover  to  move  along  or  across  any  street,  avenue  or  alley, 
any  building  of  such  height  or  size  as  to  interfere  with  any  tele- 
graph, telephone  or  Electric  Light  Company's  poles  or  wires, 
the  company  or  companies  using  or  operating  such  poles  or  wires 
shall,  upon  12  hours  notice  served  jii  writing  upon  the  local  manager 
or  agent  of  such  campany,  temporarily  remove  such  poles  and 
wires  to  allow  such  structure  to  pass.  One-half  of  the  expense 
created  by  such  removal  of  said  poles  or  wires  shall  be  borne  by 
the  companies  operating  said  poles  or  wires,  and  the  other  half 
of  such  expense  shall  be  paid,  either  by  the  owner  of  said  building 
or  the  house  mover  moving  the  same,  unless  otherwise  agreed  to 
between  the  companies  and  the  house  movers  or  the  owner  of  the 
building. 

Street  crossing — Railroad  tracks — Expense. 

Section  9.  Whenever  it  shall  be  necessary  to  move  any 
building  across  any  street  railway  company's  track  or  tracks,  the 
same  shall  be  done  between  the  hours  of  12:30  a.  m.  and  6  k.  m. 
unless  otherwise  agreed  to  between  the  street  raihvay  company 
and  the  house  mover  or  the  owner  of  such  building;  Provided, 
that  whenever  it  shall  be  necessary  in  moving  any  building  across 
any  street  railway  company's  track  or  tracks  to  remove  any  poles 
or  wires  belonging,  to  said  company,  the  house  mover  or  the  owner 
of  such  building  shall  pay  one-half  of  the  cost  of  such  removal 
and  the  replacing  of  the  same,  unless  otherwise  agreed  to  between 


REVISED    ORDINANCES.  239 

the  said  company  and  said  house  mover  or  the  owner  of  snch 
building. 

Deposit. 

Section  10.  Whenever  it  shall  be  necessary  for  any  tele- 
graph, telephone,  electric-light  or  street  railway  company  to 
remove  any  poles  or  wires,  said  company  may  require  the  deposit 
of  a  sum  sufficient  to  cover  the  one-half  cost  of  such  removal 
before  proceeding  to  remove  such  poles  or  wires. 

Leaving  building  on  street  too  long. 

Section  11.  The  owner  of  any  building  or  the  contractor 
for  its  removal,  either  or  both,  who  shall  suffer  the  same  to  be 
or  remain  on  any  street  or  alley,  or  upon  any  of  the  pubhc  grounds 
of  the  city  for  any  time  longer  than  may  be  specified  in  the  per- 
mission of  the  building  inspector,  shall  be  deemed  guilty  of  main- 
taining a  nuisance,  and  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  exceeding  ten  dollars  (SIO.OO)  and  a  hke  penalty 
for  each  twenty-four  hours  that  such  nuisance  maybe  continued, 
may  be  imposed. 

Penalty. 

Section  12.  Any  person  or  persons,  company  or  corpora- 
tion who  shall  violate,  or  who  shall  fail,  neglect  or  refuse  to  com- 
ply with  any  of  the  provisions  of  this  chapter  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  in  any  sum  not  less  than  twenty-five  ($25.00)  dollars  nor 
more  than  one  hundred  ($100.00)  dollars  at  the  discretion  of  the 
court,  except  as  specially  provided  in  Section  11  hereof. 

Hydrants  or  Lamp  Posts,  Fastening  Horses  or  Other  Animals  to. 
See  Misdemeanors,  Section  .3.3. 


240  REVISED    ORDINANCES. 

CHAPTER  XLIV. 
ICE. 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any 
person,  firm,  or  corporation  to  sell,  deliver,  or  pack  and  store 
away,  or  bring  within  or  to  cause  or  permit  to  be  sold,  delivered, 
packed,  or  stored  away,  or  brought  within  the  corporate  limits 
of  the  city  of  Omaha,  any  ice  cut  upon,  or  by  any  process  removed 
and  taken  from,  the  Missouri  river  south  of  or  below  the  point 
or  place  where  the  North  Omaha  sewer  so-called,  connects  with 
©r  is  emptied  or  discharged  into  said  Missouri  river. 

Section  2.  Any  person,  firm  or  corj^oration  violating  the 
provisions  of  Section  1  of  this  chapter,  or  part  thereof,  shall  upon 
conviction,  be  fined  in  a  sum  not  less  than  ten  ($10)  dollars  and  not 
exceeding  one  hundred  ($100)  dollars  for  each  and  every  offense. 

Test. 

Section  .3.  All  persons,  firms  or  corporations,  selling  or 
keeping  for  sale  ice  within  the  corporate  limits  of  the  city  of 
Omaha  shall,  upon  the  first  day  of  each  month,  or  within  three 
days  thereafter,  cause  a  sanitary  test  of  a  sample  of  ice  to  be 
made  at  their  own  expense.  Said  sample  of  ice  shall  be  selected 
by  the  health  commissioner  of  the  city  of  Omaha,  and  the  results 
of  said  test  shall  be  posted  in  a  conspicuous  place  in  the  office 
of  the  health  commissioner  of  the  city  of  Omaha. 

Penalty. 

Section  4.  Any  person,  firm  or  corporation  faihng  to  comply 
with  the  notice  provided  for  in  Section  3  of  this  chapter  shall 
be  and  is  hereby  declared  to  be  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
twenty-five  ($25)  dollars  nor  more  than  fifty  ($50)  dollars  for 
each  offense. 

Section  5.  It  is  hereby  made  the  duty  of  the  health  com- 
missioner of  the  city  of  Omaha  to  see  that  the  provisions  of  the 
last  two  preceding  sections  are  strictly  enforced. 

Improper  Dress. 

See  Misdemeanors,  Section  16. 
Indecent  Conduct. 

See  Misdemeanors,  Section  1.5. 
Inspection  of  Buildings — Enforce  Smokestack  Ordinance. 

See  Misdemeanors,  Section  70. 


REVISED    ORDINANCES.  241 


CHAPTER  XLV. 

Defined.  JUNK  DEALERS. 

Section  1.  Any  person  or  persons,  firm  or  corporation  who 
shall  engage  in  the  business  of  buying;  selling,  receiving,  collecting 
or  dealing  in  old  iron,  lead,  brass,  steel,  copper  or  other  metals, 
bottles,  rags  or  paper  are  hereby  declared  and  defined  to  be  a 
junk  dealer. 

License  fees. 

Section  2.  Every  person  or  firm  desiring  to  engage  in  the 
business  of  junk  dealer  shall,  before  engaging  in  such  business, 
procure  a  hcense  authorizing  him  so  to  do.  The  fees  required  to 
be  paid  for  such  license  sliall  be  as  follows: 

The  class  of  junk  dealers  who  keep  a  junk  shop  and  have  an 
established  place  of  business  shall  pay  the  sum  of  thirty  (S30) 
dollars  for  hcense  for  one  year,  or  fifteen  (.SL5)  dollars  for  license 
for  six  months. 

The  class  of  junk  dealers  who  carry  on  their  business  by  means 
of  horse  or  horses  and  vehicle  and  have  no  established  place  of 
business  shall  pay  the  sum  of  four  ($4)  dollars  for  license  for  one 
year,  or  two  ($2)  dollars  for  license  for  six  months. 

The  class  of  junk  dealers  who  go  on  foot  from  place  to  place, 
collecting  paper,  rags,  bottles,  etc.,  shall  pay  the  sum  of  two  (S2) 
dollars  for  license  for  one  year,  or  one  ($1)  dollar  for  license  for 
six  months. 

All  such  licenses  shall  be  issued  by  the  city  clerk  and  shall 
expire  either  on  the  30th  day  of  June  or  the  31st  day  of  December 
of  the  year  in  which  they  are  issued. 

Bond. 

Section  3.  Before  the  issuance  of  any  license  provided  for 
in  this  chapter,  the  person  or  firm  to  whom  the  same  is  to  be 
issued  shall  give  bond  to  the  city  of  Omaha  in  the  sum  of  five 
hundred  ($500)  dollars,  conditioned,  among  other  things,  for  the 
faithful  performance  by  the  principal  of  each  and  all  the  trusts 
imposed  by  law,  ordinance  or  usage  upon  the  kind  of  business 
for  which  such  license  is  issued.  The  sureties  on  such  bonds, 
shall  be  approved  by  the  city  clerk  and  each  surety  shall  sub- 


242  REVISED    ORDINANCES. 

scribe  an  oath  that  he  is  a  resident  of  the  city  of  Omaha  and  county 
of  Douglas  and  is  worth,  in  real  estate,  over  and  above  all  liabi- 
lities, debts  and  exemptions,  at  least  double  the  amount  of  such 
bond,  or  such  applicant  may  give  a  bond  with  some  reliable  guaranty 
company  as  surety. 

Book  describing  purchases. 

Section  4.  Every  person  who  shall  engage  in  the  business 
of  junk  dealer  shall  keep  a  book  in  which  shall  be  legibly  written 
in  the  English  language,  in  ink,  at  the  time  any  purchase  or  sale 
is  made,  an  accurate  account  or  description  of  the  goods,  articles 
or  things  purchased  or  sold  and  the  amount  of  money  paid  or 
received  therefor,  the  time  the  same  was  received  or  disposed 
of  and  the  name,  residence  and  description  of  the  person,  other 
than  himself,  purchasing  or  selling  the  same,  which  book,  as  well 
as  the  articles  purchased,  shall  be,  at  all  reasonable  times,  open 
to  the  inspection  of  the  mayor,  chief  of  police  or  any  member 
of  the  police  department. 

Report  to  Chief  of  Police. 

Section  5.  It  shall  be  the  duty  of  every  junk  dealer  to  make 
out  and  deliver  to  the  chief  of  police,  every  day  before  the  hour 
of  12  o'clock,  noon,  a  legible  and  correct  copy  from  the  book 
required  in  Section  4  hereof,  a  description  of  all  personal  property 
or  other  valuable  thing  purchased,  received  or  deposited  with 
such  junk  dealer  during  the  preceding  day,  together  with  a  state- 
ment of  the  time  the  same  was  received  or  purchased  and  a  descrip- 
tion of  the  person  or  persons  who  delivered  or  deposited  the  same 
or  from  whom  the  same  were  purchased.  Provided,  no  person 
shall  be  required  to  furnish  such  description  of  any  property 
purchased  from  manufacturers  or  wholesale  dealers  having  an 
established  place  of  business  or  of  any  goods  purchased  at  open 
sale  from  any  bankrupt  stock,  provided  the  delivery  or  sale  of 
such  goods  is  accompanied  with  a  bill  of  sale  or  other  evidence 
of  open  and  legitimate  purchase,  such  bill  of  sale  or  other  evidence 
to  be  shown  to  the  mayor,  chief  of  police  or  any  member  of  the 
police  department  upon  demand.  Provided,  further,  that  the 
report  of  Monday  of  each  week  shall  cover  the  business  transactions 
of  the  Saturday  previous  and  also  the  Sunday  previous,  if  any 
such  transactions  shall  have  taken  place  in  said  last  mentioned  day. 


REVISED    ORDINANCES.  243 

Not  purchase  from  minors. 

Section  6.  It  is  hereby  declared  unlawful  for  any  junk 
dealer,  plumber  or  peddler  within  the  city  of  Omaha  to  purchase, 
accept  or  receive  from  any  minor,  or  from  any  other  person  except 
plumbers  or  peddlers  holding  Ucense  as  such  from  the  city  of 
Omaha,  or  from  the  owner  or  authorized  agent  of  the  building 
or  buildings  from  which  the  material  is  taken,  any  lead  pipe, 
sheet  copper,  faucets,  boilers  or  other  plumbing  material.  It 
shall  also  be  unlawful  for  any  junk  dealer,  plumber  or  peddler 
to  buy  from  any  one  not  a  duly  authorized  agent  of  a  railroad 
company,  any  railroad  brasses,  engine  brasses,  hnks,  pins,  blow- 
off  cocks,  plugs,  relief  valves,  dope  cups,  starting  valves,  oil  cups, 
stop  cocks,  air  valves,  globe  valves,  air  pipes,  steam  pipes,  water 
pipes,  iron,  brass  or  copper  rods,  iron,  brass  or  copper  pipes, 
switchlocks^  rubber  hose,  sheet  lead,  iron,  brass  or  copper,  or  any 
railroad  material  whatsoever. 

Business  in  one  place  only. 

Section  7.  No  person  or  firm  licensed  under  the  provisions 
of  this  chapter  shall  be  allowed  to  do  business  in  more  than 
one  place  under  one  license  and  every  license  shall  state  the  place 
where  such  business  is  to  be  carried  on  and  shall  not  be  assignable. 
It  shall  be  unlawful  for  any  person  not  having  a  license  to  display 
in  front  of,  about  or  upon  his  premises  any  junk  dealer's  sign  or 
advertisement  that  any  goods  of  the  character  named  in  this 
chapter  are  bought  or  sold  on  said  premises. 

Penalty. 

Section  8.  Any  person,  firm,  or  corporation  who  shall  violate, 
neglect,  fail  or  refuse  to  comply  with  any  of  the  provisions  or 
requirements  of  this  chapter  shall  be  deemed  guilty  of  a  mis- 
demeanor and,  upon  conviction  thereof,  shall  bo  fined  not  less 
than  five  ($5)  dollars  nor  more  than  one  hundred  ($100)  dollars. 

Larceny. 

Sec  Misdemeanors,  Section  77. 

Lewd  Books. 

See  Misdemeanors,  Section  19. 


244  ■  REVISED    ORDINANCES. 

CHAPTER  XLVI. 
Establishment.  LIBRARY. 

Section  1.  That  there  is  hereby  estabhshed  in  the  city  of 
Omaha  a  pubhc  hbrary,  reading  room,  art  gallery  and  museum, 
which  shall  be  forever  kept  up  and  maintained  by  said  city  and 
shall  be  known  as  the  Omaha  Public  Library. 

Definition. 

Section  2.  Whenever  in  this  chapter  there  shall  be  used 
the  words  "pubhc  library"  the  same  shall  be  held  to  mean  and 
include  public  libraries,  reading  rooms,  art  galleries  and  mu- 
seums. 

Library  board. 

Section  3.  Said  public  library  shall  be  taken  charge  of, 
managed  and  controlled  by  the  present  board  of  the  Omaha 
Public  Library,  as  heretofore  constituted,  and  shall  be  managed 
and  controlled  by  a  board  of  nine  directors  to  be  appointed  by 
the  mayor,  subject  to  the  approval  of  the  city  council,  of  which 
board  neither  the  mayor  nor  any  member  of  the  city  council 
shall  be  a  member,  the  said  directors  to  be  appointed  as  their 
terms  of  office  expire.  Such  directors  shall  hold  their  office  for 
a  term  of  three  years  from  the  first  day  of  July  following  their 
appointment,  or  until  their  successors  are  appointed  and  con- 
firmed, and  three  directors  shall  hereafter  be  chosen  annually. 
In  case  of  vacancies,  by  resignation,  removal  or  otherwise,  the 
mayor  and  council  shall  fill  such  vacancy  for  such  unexpired 
term.  No  director  shall  receive  any  pay  or  compensation  for 
services  rendered  as  a  member  of  such  board,  and  such  directors 
shall  give  bond  for  the  faithful  discharge  of  their  duties  in  the 
sum  of  one  thousand  ($1,000)  dollars. 

Officers  duties — Quorum. 

Section  4.  The  directors  shall,  at  their  first  meeting  in  July 
of  each  year,  organize  by  electing  one  of  their  number  president, 
and  such  other  officers  as  may  be  necessary.  Five  of  such  board 
shall  be  a  quorum.  The}^  shall  have  power  to  adopt  such  by- 
laws, rules  and  regulations  for  their  guidance  and  for  the  govern- 


REVISED    ORDINANCES.  245 

ment  of  the  library  as  they  may  deem  expedient,  subject  to  the 
supervision  and  control  of  the  mayor  and  city  council  and  not 
inconsistent  with  this  chapter.  They  shall  have  exclusive  con- 
trol of  the  expenditure  of  all  moneys  collected  or  donated  to  the 
credit  of  the  library  fund,  and  of  the  renting  or  construction  of 
any  library  building,  the  supervision,  care  and  custody  of  the 
grounds,  rooms  or  buildings  constructed,  leased  or  set  apart  for 
that  purpose. 

Tax  levy. 

Section  5.  Any  tax  levied  or  collected,  or  funds  donated 
therefor,  shall  be  kept  for  the  use  of  such  library,  separate  and 
apart  from  other  funds  of  the  city,  and  shall  be  drawn  upon  by 
the  proper  officers,  upon  the  authenticated  vouchers  of  the  library 
board,  and  shall  not  be  used  or  disbursed  for  any  other  purpose. 

Powers  of  board. 

Section  6.  The  library  board  shall  have  power  to  appoint 
a  suitable  librairan  and  assistants,  to  fix  their  compensation,  and 
remove  their  appointees  at  pleasure,  and  shall  have  power  to 
establish  regulations  for  the  government  of  such  library  as  may 
be  deemed  necessary  for  its  preservation  and  to  sustain  its  use- 
fulness and  efficiency;  and  to  fix  and  impose  by  general  rules, 
penalties  and  forfeitures  for  trespasses  or  injury  upon  or  to  the 
library  buildings,  grounds,  rooms,  books  or  other  property,  or 
for  the  failure  to  return  any  book  or  for  violation  of  any  by-law 
or  regulation,  and  shall  have  and  excerise  such  power  as  may 
be  necessary  to  carry  out  the  spirit  and  intent  of  tliis  chapter 
in  establishing  and  maintaining  a  public  library. 

Free. 

Section  7.  Every  library  established  under  this  chapter 
shall  be  forever  free  to  the  use  of  the  inhabitants  of  the  city, 
subject  always  to  such  reasonable  regulations  as  the  lil)rary  board 
may  adopt  to  render  said  library  of  the  greatest  use  to  the  in- 
habitants of  said  city,  and  the  board  may  exclude  from  the  use 
of  the  lil)rary  any  one  who  shall  wilfully  violate  or  refuse  to  com- 
ply with  the  rules  and  regulations  established  for  the  government 
thereof. 


246  REVISED    ORDINANCES. 

Report  of  board. 

Section  8.  The  library  board  shall,  on  the  first  day  of  Janu- 
ary of  each  year,  make  a  report  to  the  city  council  of  the  con- 
dition of  their  trust  on  said  day,  showing  all  moneys  received 
or  expended,  number  of  books  or  periodicals  on  hand,  newspapers 
and  current  literature  subscribed  for  or  donated  to  the  reading 
room  department;  the  number  of  books  or  periodicals  purchased 
or  acquired  by  gift  during  the  year,  and  the  number  lost  or  missing; 
the  number  of  visitors  attending,  the  number  and  character  of 
books  loaned  or  issued,  with  such  statistics,  information  and 
suggestions  as  they  may  deem  of  general  interest  or  as  the  city 
council  may  require,  which  report  shall  be  verified  by  affidavit 
by  the  proper  officers  of  said  board. 

By-laws. 

Section  9.  Any  by-laws  or  regulations  established  by  the 
library  board  may  be  amended  by  the  city  council. 

Penalties,  how  collected. 

Section  10.  Penalties  imposed  or  accruing  by  any  by-law 
or  regulation  of  the  library  board  may  be  recovered  in  a  civil 
action  before  any  justice  of  the  peace,  or  other  court  having  juris- 
diction ;  such  action  to  be  instituted  in  the  name  of  the  public 
library  board  of  the  city  of  Omaha,  and  moneys  collected  in  such 
actions  shall  be  forthwith  placed  in  the  city  treasury  to  the  credit 
of  the  library  fund. 

Donations. 

Section  11.  Any  person  may  make  any  donation  of  money, 
lands  or  property  for  the  benefit  of  such  library,  and  the  title 
to  the  property  so  donated  may  be  made  to  and  shall  vest  in  the 
city  of  Omaha  for  the  public  library,  and  such  property  shall 
thereupon  be  exempt  from  taxation  as  other  public  property. 

Deposit  of  private  works. 

Section  12.  The  library  board  shall  have  the  power  to 
authorize  any  circulating  library,  reading  matter  or  work  of  art 
of  any  private  person,  association  or  corporation  to  be  deposited 
in  the  public  library  rooms,  to  be  used  in  the  same  manner  as  the 
books  and  property  of  the  library. 


REVISED    ORDINANCES.  247 

Receipts. 

Section  13.  All  moneys  received  by  the  board  of  directors 
or  by  any  librarian  or  assistant  of  said  library  from  any  source, 
for  the  use  and  support  thereof,  shall  be  paid  monthly  to  the 
city  treasury  of  the  city  of  Omaha. 

Penalty. 

Section  14.  Any  person  who  shall  willfully  or  maliciously 
cut,  write  upon,  injure,  deface,  tear  or  destroy  any  book,  news- 
paper, plate,  picture  or  engraving  belonging  to  the  Omaha  Public 
Library  shall  be  liable  to  a  fine  of  not  less  than  one  ($1)  dollar  or 
more  than  five  ($5)  dollars  for  every  such  offense. 

Branches. 

Section  15.  The  authority  hereby  conferred  upon  the  library 
board  to  take  charge  of,  manage  and  control  the  public  library, 
shall  extend  to  and  apply  to  such  branch  libraries  in  the  city  of 
Omaha  as  may  be  hereafter  established. 

Licenses — Circuses,  Theaters  and  Shows — By  Whom  Issued — Fees. 
S6e  Circuses,  Theaters,  and  Shows. 

Licenses  Terminate  When. 

See  Municipal  Year. 


248  REVISED    ORDINANCES. 


CHAPTER  XLVII. 
LICENSES,  DOING  BUSINESS  WITHOUT. 

Carrying  on  business  without  license. 

Section  1.  It  shall  be  unlawful  for  any  person,  persons, 
firm  or  corporation  not  having  a  license  to  carry  on  the  business 
of  auctioneer,  employment  agency  or  coal  dealer,  to  display  in 
front  of,  about  or  upon  his  or  their  premises  any  sign  or  signs  or 
advertisements  stating  that  any  auction  will  be  held,  or  that  any 
employment  will  be  found  or  will  be  furnished  or  that  coal  or 
coke  is  sold  or  orders  are  taken  for  coal  or  coke  at  said  premises. 

Section  2.  It  shall  be  unlawful  for  any  person  not  having 
an  express  license  to  have  the  words  "express,"  "job"  or  "bag- 
gage wagon,"  or  other  like  sign  painted,  marked  or  fastened  on 
any  wagon  or  other  vehicle. 

Penalty. 

Section  3.  Any  person,  firm,  company  or  corporation  vio- 
lating any  provision  of  either  of  the  preceding  sections  shall  be 
deemed  guilty  of  a  •  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  exceeding  fifty  ($50)  dollars. 


REVISED    ORDINANCES.  249 


CHAPTER  XLVIII. 

Office  created.  LICENSE  INSPECTOR. 

Section  1.  That  the  office  of  license  inspector  be  and  the 
same  is  hereby  created.  The  hcense  inspector  shall  be  appointed 
by  the  mayor,  subject  to  the  approval  of  the  city  council,  and 
shall  be  subject  to  removal  at  any  time  by  the  mayor  with  the 
consent  of  the  council. 

Oath— Bond. 

Section  2.  Before  entering  upon  the  discharge  cf  the  duties 
of  his  office,  said  license  inspector  shall  take  an  oath  faithfully 
and  impartially  to  discharge  the  duties  of  his  office  and  shall 
enter  into  a  bond  with  the  city,  to  be  approved  by  the  mayor 
and  covmcil,  in  the  sum  of  three  thousand  (S3, 000)  dollars  con- 
ditioned as  required  by  the  act  incorporating  metropolitan  cities, 
and  he  shall  receive  a  salary  at  the  rate  of  one  hundred  ($100) 
dollars  a  month. 

Duties. 

Section  3.  It  shall  be  the  duty  of  said  license  inspector  to 
ascertain  and  determine  the  various  persons,  partnerships  and 
corporations  and  their  respective  places  of  business,  rec|uired  by 
law  or  ordinance  to  procure  a  license  for  the  opening,  conducting, 
managing  or  carrying  on  of  any  business  or  occupation,  and  to 
ascertain  whether  such  persons,  partnerships  and  corporations 
have  procured  the  license  recjuired  to  be  procured  Ijy  them.  He 
shall  devote  his  entire  time  to  the  duties  of  his  office  and  shall 
be  active  and  vigilant  in  the  discharge  of  the  duties  of  his  office 
and  shall  see  that  all  persons  violating  anj'-  provisions  of  law 
or  of  the  ordinances  of  the  city  relating  to  licenses,  or  failing 
promptly  to  take  out  licenses  as  recpiired  by  law  or  the  ordinances 
of  said  city,  are  prosecuted.  He  shall  keep  a  book  alphabetically 
arranged  showing  the  kinds  of  business  or  occupation  for  Avhicl) 
licenses  are  required  to  be  procured  with  the  names  of  a]l  parties 
who  have  obtained  licenses,  with  the  date  thereof  and  the  amount 
l)aid  therefor,  which  book  shall  at  all  times  be  subject  to  exami- 
nation by  the  mayor  or  any  member  of  the  city  council. 


250  REVISED    ORDINANCES. 

Said  license  inspector  shall  on  the  first  regular  meeting  of 
■each  month  report  to  the  city  council  in  writing,  over  his  signature, 
the  number  of  persons,  firms  or  corporations  by  him  examined, 
called  upon  or  inquired  into  during  the  previous  month,  as  to  the 
matter  of  license  as  herein  provided;  what  number,  if  any,  were 
found  to  be  operating  or  doing  business  without  the  required 
license,  giving  a  description  of  the  business  and  the  name  of  the 
person,  firm  or  corporation,  and  what  action  was  taken  against 
such  person,  firm  or  corporation  so  offending. 

Provided,  that  nothing  in  this  section  shall  be  construed  as 
requiring  the  license  inspector  to  investigate  liquor  licenses,  or 
to  keep  any  record  or  make  anj^  report  concerning  liquor  licenses. 

Said  inspector  is  hereby  prohibited  from  receiving,  collecting, 
transmitting  or  in  any  way  handling  fees,  dues  or  license  moneys 
accruing  or  becoming  due  the  city  by  reason  or  on  account  of  the 
matter  of  licenses  herein  referred  to,  and  any  known  violation  of 
this  prohibition  shall  be  sufficient  cause  for  the  immediate  re- 
moval of  said  inspector  from  office. 

Special  policeman. 

Section  4.  Said  license  inspector  shall,  by  virtue  of  his 
said  office,  be  a  special  policeman  and  shall  be  clothed  with  the 
power  of  a  police  officer  relating  to  any  matter  in  connection  wth 
the  enforcement  of  either  the  laws  or  ordinances  concerning  licenses. 


REVISED    ORDINANCES.  251 


CHAPTER  XLTX. 

License  required.  LIQUOR  LICENSE. 

Section  1.  No  person  or  co-partnership  of  persons  shall, 
within  the  limits  of  the  cit}^  of  Omaha,  either  by  himself,  or  by  his 
or  their  agent  or  employe,  sell  or  give  away,  upon  any  ])retext 
whatever,  any  malt,  spirituous  or  vinous  liquors,  or  any  intoxi- 
cating drinks,  without  having  first  complied'  with  the  provisions 
of  this  chapter  and  obtained  a  license  as  herein  set  forth. 

How  issued. 

Section  2.  Licenses  for  the  sale  of  malt,  spirituous  and  vinous 
liquors  shall  be  signed  by  the  secretary  of  the  board  of  fire  and 
police  commissioners,  and  shall  be  issued  over  the  seal  of  the  said 
board. 

Term  of  license. 

Section  3.  That  all  licenses  for  the  sale  of  malt,  spirituous 
and  vinous  liquors  hereafter  to  be  issued  shall  bear  date  on  the 
first  of  January  in  each  year,  so  that  the  license  in  each  case  shall 
commence  with  the  commencement  of  the  fiscal  year. 

Tax. 

Section  4.  The  rate  of  such  license  tax  is  hereby  fixed  at 
one  thousand  ($1,000)  dollars  per  annum. 

Application — Bond. 

Section  5.  Applications  for  license  to  sell  malt,  spirituous 
and  vinous  liquors,  shall  be  directed  to  the  board  of  fire  and  police 
commissioners,  stating  the  length  of  time  for  which  license  is  de- 
sired and  the  place  where  the  business  is  to  be  carried  on,  and  shall 
be  accompanied  by  a  petition  therefor,  signed  by  thirty  of  the 
resident  freeholders  of  the  ward  where  the  sale  of  such  liquors  is 
proposed  to  take  place,  setting  forth  that  the  applicant  is  a  man 
of  respectable  character  and  standing,  and  a  resident  of  this  state, 
praying  that  such  license  may  be  issued  to  him ;  such  application 
must  also  be  accompanied  by  a  bond  in  the  penal  sum  of  five  thou- 
sand ($5,000)  dollars,  payable  to  the  state  of  Nebraska,  executed 
and  conditioned  as  required  by  section  7155    and  7156  of  Cobbey's 


252  REVISED    ORDINANCES. 

Annotated  Statutes  of  Nebraska,  1903;  as  amended  ])y  chapter  92 
Session  Laws  of  1905;  and  further  conditioned  that  said  Hcensee 
will  not  violate  any  of  the  provisions  of  this  chapter,  and  that  he 
will  pay  all  daniajies,  fines,  penalties  and  forfeitures  which  may 
be    adjudged    against   him   under   the   provisions   of   this    chapter. 

Approving  bond. 

Section  6.  The  board  of  fire  and  poUce  commissioners  are 
hereby  constituted  a  board  for  the  approval. of  all  bonds  issued 
under  this  chapter;  such  board  may  examine  any  person  offered 
as  security  upon  any  such  bond  under  oath,  and  require  him  to 
subscribe  and  swear  to  his  statement  in  regard  to  his  pecuniary 
ability  to  become  such  security. 

On  one  bond  only. 

Section  7.  No  person  who  is  holden,  as  the  principal  or 
surety  upon  any  bond  given  under  the  provisions  of  this  chapter 
shall  be  permitted  to  become  a  suret}^  upon  any  bond  of  like  character; 
but  this  provision  shall  not  apply  to  incorporated  surety  companies. 

Payment — License. 

Section  S.  The  applicant  for  such  license  shall,  upon  filng 
application,  petition  and  bond,  pay  to  the  city  treasurer  as  ex-officio 
treasurer  of  theboard  of  education,  the  amount  required  as  a  license 
tax  for  the  municipal  year,  to- wit :  The  full  sum  of  one  thousand  dol- 
lars ($1 ,000) ,  taking  the  receipt  of  the  city  treasurer  as  ex-officio  i  reas- 
urerof  the  board  of  education,  therefor;  which  receipt  sliall  be  filed 
with  the  board  of  fire  and  police  commissioners,  where  it  shall  remain 
if  such  license  shall  be  finally  issued,  and  the  city  treasurer- as  ex- 
officio  treasurer  of  the  board  of  education  shall  hold  such  license 
money  subject  to  disposal  as  herein  provided.  If  such  license  to 
the  applicant  shall  be  refused  then  said  receipt  shall  be  returned 
to  the  applicant  and  the  money  by  him  paid  to  the  city  treasurer 
as  ex-officio  treasurer  of  the  board  of  education  shall  be  refunded 
upon  surrender  of  said  receipt.  If  such  license  shall  be  granted 
the  said  license  money  shall  at  once  be  placed  b}^  the  city  treasurer 
as  ex-officio  treasurer  of  the  board  of  education  to  the  credit  of 
the  board  of  education. 


REVISED    ORDINANCES.  253 

Advertising  application. 

Section  9.  No  action  shall  be  taken  upon  said  application 
until  at  least  two  weeks'  notice  of  the  filing  of  the  same  has  been 
given  by  pubhcation  in  the  newspaper  pubHshed  in  his  city  having 
the  largest  circulation  therein,  which  notice  shall  be  published  at 
the  expense  of  the  apphcant,  and  proof  thereof  filed  with  the  board 
of  fire  and  police  commissioners,  when,  if  there  be  no  objection  in 
writing  made  and  filed  to  the  issuance  of  said  license,  and  other 
provisions  of  this   chapter  be   complied   with,  it  may  be  granted. 

License  refused,  when. 

Section  10.  If  there  be  any  objection,  protest  or  remonstrance 
filed  within  said  two  weeks  against  the  issuance  of  said  hcense, 
the  board  shall  appoint  a  day  for  the  hearing  of  said  case,  and  if  it 
shall  be  satisfactoiily  proven  that  the  applicant  for  license  has 
been  guilty  of  the  violation  of  any  one  of  the  provisions  of  this 
chapter  or  of  the  act  of  the  legislature,  passed  February  28, 
1881,  to  regulate  the  license  and  sale  of  malt,  spirituous  and  vinous 
liciuors,  within  the  space  of  one  year,  or  if  any  former  license  shall 
have  been  revoked  for  any  misdemeanor  against  the  laws  of  this 
state,  then  the  board  shall  refuse  to  issue  such  license. 

Testimony — appeals. 

Section  11.  On  the  hearing  of  any  case  arising  under  the 
provisions  of  the  last  two  sections,  any  party  interested  shall  have 
process  to  compel  the  attendance  of  witnesses,  who  shall  have  the 
same  compensation  as  now  provided  by  law  in  the  district  court, 
to  be  paid  by  the  parties  calHng  said  witnesses.  The  testimony 
on  said  hearing  shall  be  reduced  to  writing  and  filed  in  the  oflSce 
of  application,  and  if  any  party  feels  himself  aggrieved  by  the 
decision  in  said  case,  he  may  appeal  therefrom  to  the  district  court 
and  said  testimony  shall  be  transmitted  to  said  district  court,  and 
such  appeal  shall  be  decided  by  the  judge  of  such  court  upon  said 
evidence  alone. 

Contents  of  license. 

Section  12.  The  license  shall  state  the  time  for  wliich  it  is 
granted,  which  shall  not  exceed  the  municipal  year,  the  place  where 
the  lic|uor  is  to  be  sold,  and  shall  not  be  transferable,  and  any  license 
granted   luidcr   this    chapter    may   be    n^voked    by     ihe   aiiihoi'ity 


254  REVISKD    ORDINANCES. 

issuing  the  sauie,  whenever  the  person  licensed  shall,  upon  due  proof 
made,  be  convicted  of  a  violation  of  any  of  the  provisions  of  this 
chapter  or  any  of  the  liquor  laws  of  the  state.  The  license  shall 
be  in  the  following  form,  as  near  as  practicable: 

STATE  OF  NEBRASKA,  ) 

County  of  Douglas,  Vgs. 

City  of  Omaha.  ' 

To  all  who  shall  see  these  presents: 

Know  ye.    That ,  having  on  the day  of ...  . 

A.  D.  19 filed  his  petition  and  bond  according  to  law  and  paid 

into  the  treasury  the  sum  imposed  on  him  as  a  vender  of  malt, 

spirituous    and   vinous   liquors ;    therefore   the   said is 

hereby  authorized   to  sell  malt,   spirituous   and  vinous  liquors   at 

,  from  the  date  hereof  to  the day  of 

A.  D.  19..  .. 

Sale  to  minor,  etc. 

Section  13.  Every  person  licensed  as  herein  provided  who 
shall  give  or  sell  an}^  malt,  spirituous  and  vinous  liquors,  or  any 
intoxicating  drink  to  any  minor,  apprentice  or  servant  under 
twenty-one  years  of  age,  shall  forfeit  and  pay  for  each  offence  the 
sum  of  twenty-five  ($25)  dollars. 

Misrepresenting  age. 

Section  14.  Any  minor,  apjM'cntice  or  servant  who  shall, 
for  the  purpose  of  evading  the  provisions  of  the  preceding  section, 
falsely  represent  his  age,  shall  be  deemed  guilty  of  a  misdemeanor 
and  fined  for  each  and  every  offense  not  exceeding  twenty  ($20) 
dollars  or  imprisoned  in  the  county  jail  not  exceeding  thirty  (30) 
days,  or  both,  at  the  discretion  of  the  court. 

Penalty  for  selling  to  certain  persons. 

Section  15.  Every  person  so  licensed  who  shall  sell  any  in- 
toxicating liquors  to  any  Indian,  insane  person  or  idiot  or  habi- 
tual drunkard,  shall  forfeit  and  pay  for  each  offense  the  sum  of 
fifty  (S50)  dollars. 

Adulterated  liquors. 

Section  16.  Every  person  so  licensed,  or  any  other  person 
who  shall  intentionally  or  otherwise  sell  or  give  away  or  direct  or 


REVISED    ORDINANCES.  255 

permit  any  person  or  persons  in  his  employ  to  sell  or  give  away 
malt,  spirituous  and  vinous  liquors,  whicli  shall  be  adulterated 
with  strychnine,  strontia,  sugar  of  lead  or  any  other  substance, 
shall  forfeit  and  pay  the  sum  of  one  hundred  ($100)  dollars  for 
every  such  offense.  An  anylasis  made  by  a  practical  chemist  shall 
be  deemed  competent  testimony  under  the  provisions  of  this  section. 

Sale  on  election  day   and   Sunday. 

Section  17.  Every  person  who  shall  sell  or  give  away  any 
malt,  spirituous  and  vinous  liquors  on  the  day  of  any  general  or 
special  election,  or  at  any  time  during  the  first  day  of  the  week, 
commonly  called  Sunday,  shall  forfeit  and  pay  for  every  such 
offense  the  sum  of  one  hundred  ($100)  dollars. 

Sale  without  license. 

Section  18.  The  police  judge  of  the  city  of  Omaha,  when 
any  complaint  is  made  before  him  of  any  person  selling  or  giving 
away  upon  any  pretext  malt,  spirituous  and  vinous  liquors,  or 
any  intoxicating  drinks,  without  having  obtained  the  license  as 
herein  set  forth,  shall  issue  a  warrant  for  the  arrest  of  the  offender, 
and  if,  vipon  examination,  the  police  judge  shall  have  reason  to 
believe  the  party  guilty,  he  shall  recognize  him  to  appear  at  the 
next  term  of  the  district  court  in  and  for  Douglas  co\mty,  as  in 
cases  of  felony. 

Druggists'  permits. 

Section  19.  Permits  to  druggists  to  sell  liquors  for  medicinal, 
mechanical  and  chemical  purposes  shall  be  granted  by  the  board, 
upon  a  compliance  on  the  part  of  the  applicant  with  all  the 
requirements  of  this  chapter,  except  the  payment  of  the  license 
tax.  Such  permits  to  druggists  shall  be  signed  by  the  secretary'- 
of  the  board,  and  there  shall  be  paid  by  the  applicant  to  the  city 
treasurer,  upon  the  issuing  of  such  permit,  the  sum  of  ten  ($10) 
dollars  for  each  permit  as  the  costs  for  issuing  the  same. 

Compliance  with  state  law. 

Section  20.  Any  druggist,  to  whom  a  permit  shall  be  granted, 
shall  comply  fully  with  and  be  subject  to  the  provisions  of  section 
twenty-six  of  the  act  of  the  legislature  of  the  state  of  Nebraska, 
entitled  "An  act  to  regidate  the  license  and  sale  of  malt,  spirit- 
uous and  vinous  liquors,"   passed   I'obruary  28,   1881. 


256  REVISED    ORDINANCES. 

Saloon  closed  when. 

Section  21.  No  person  so  licensed  shall  keep  open  his  or 
their  saloon  on  Svinday,  nor  on  week  days  between  the  hours  of 
12  o'clock  at  night  and  4  o'clock  in  the  morning,  nor  during  such 
time  sell,  barter  or  in  any  manner  dispose  of  any  malt,  spirituous 
and  vinous  liquors,  and  anj''  person  violating  the  provisions  of 
this  section  shall  be  fined  one  hundred  ($100)  dollars. 

Mayor  may  forbid  sale. 

Section  22.  The  mayor,  whenever  in  his  judgment  the  safety 
of  the  city  and  its  inhabitants  shall  require,  may  issue  a  procla- 
mation forbiding  the  sale  of  malt,  spirituous  and  vinous  liquors 
in  quantities  less  than  five  gallons  for  any  given  period  not  to  exceed 
twenty-four  hours,  and  any  person  who  shall  sell  any  such  liquors 
in  contravention  of  said  proclamation,  shall  be  fined  twenty-five 
($25)    dollars   for  every  such   offense. 

Duties  of  the  chief  of  police. 

Section  23.  The  chief  of  police  shall,  on  the  first  day  of  each 
and  every  month,  ascertain  and  report  to  the  board  of  fire  and 
police  commissioners  at  its  first  regular  meeting  thereafter,  the 
names  of  all  persons  or  firms  engaged  in  the  liquor  traffic,  and  the 
place  of  business  of  each,  and  whether  licensed  or  unlicensed,  and 
shall  notify  any  unlicensed  liquor  dealers  to  at  once  cease  said 
traffic,  and  shall  make  complaint  against  all  i^ersons  selling  liquor 
without  license. 


REVISED    ORDINANCES.  257 

CHAPTER  T.. 
LIVERY  STABLES. 

Consent  of  property  owners. 

Section  I.  It  is  hereby  declared  unlawful  to  erect  any  build- 
ing to  be  used  as  a  livery  stable,  or  to  remodel  any  existing  building 
for  such  purpose,  or  to  use  any  building  for  such  purpose  not  act- 
ually in  use  for  such  purpose  at  the  time  of  the  passage  of  this  or- 
dinance, at  any  place  in  the  city  of  Omaha,  except  upon  the  con- 
ditions  in   this  chapter   prescril)ed. 

Required  signatures. 

Section  2.  Before  constructing  any  building  for  use  as  a 
livery  stable  within  the  city  of  Omaha,  or  remodeling  or  using  any 
building  within  said  city  for  such  purpose,  the  party  or  parties 
desiring  to  construct,  remodel  or  use  any  such  building  for  such 
purpose  shall  first  obtain  the  written  consent  and  authority  of  a 
majority  of  the  owners  of  the  lots  and  real  estate  for  a  distance 
of  300  feet  of  the  proposed  building  to  be  used  for  such  purpose,  and 
file  such  permision  with  the  building  inspector,  and  comply  with 
all  other  ordinances,  rules  and  regulations  relating  to  buildings. 

Nuisance — Penalty. 

Section  3.  Any  building  hereafter  constructed  or  remodeled 
for  use  as  a  livery  stable,  and  any  building  not  now  used  as  a  livery 
stable  within  the  limits  prescribed  by  section  1  which  shall  hereafter 
be  used  for  a  livery  stable  without  first  obtaining  the  written  per- 
mission of  property  owners  as  required  by  section  2  shall  be  deem- 
ed and  declared  a  nuisance,  and  any  person  or  persons  constructing 
or  remodeling  or  using  such  building  without  obtaining  such  per- 
mission and  complying  with  the  conditions  of  this  chapter  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  exceeding  $100,  and  each  week  any 
such  building  shall  be  used  for  such  purpose  in  violation  of  the  pro- 
visions of  this  chapter  shall  be  deemed  and  considered  and  held 
to  be  a  distinct  offence. 

Loan  Brokers. 

See  Pawnbrokers  and  Chattel  Loan  Brokers. 
Loiterers. 

See  Misdemeanors,  Section  5. 
Lottery. 

See  Misdemeanors,  Sections  53  and  51. 


258  REVISED    ORDINANCES. 

CHAPTER  LI. 

License.  LUNCH  WAGONS. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  or 
persons  to  peddle  cooked  refreshments  or  lunch  in  and  alono;  the 
public  streets  or  alleys  of  the  city  of  Omaha  without  first  procuring 
a  license  as  herein  required. 

Classes  and  fees. 

Section  2.  Persons  peddling  cooked  refreshments  or  lunch 
from  vehicles  within  the  city  of  Omaha  shall  be  divided  by  the 
license  inspector  into 'three  classes,  as  follows,  to-wdt: 

Those  using  large  sized  vehicles  shall  be  class  A. 
Those  using  medium  sized  vehicles  shall  be  Class  B. 
Those  using  small  sized  vehicles  shall  be  Class  C. 

And  the}^  shall  be  required  to  pay  license  fees,  as  follows, 
to- wit : 

Class  A,  $50.00  per  year  or  fraction  of  a  year. 
Class  B,  $40.00  per  year  or  fraction  of  a  year. 
Class  C,  $30.00  per  year  or  fraction  of  a  year. 

Any  person  peddling  cooked  refreshments  or  lunch  and  car- 
rying his  or  her  wares  shall  pay  a  license  fee  of  $15.00  per  year  or 
fraction  of  a  year.  No  license  shall  be  issued  for  any  longer  period 
than  as  herein  specified,  and  all  such  licenses  shall  expire  on  De- 
cember 31  of  the  year  in  which  they  are  issued.  Upon  payment 
to  the  city  clerk  of  either  of  the  amounts  above  specified,  the  city 
clerk  shall  issue  the   required  license.  _  i 

Peddler  identification. 

Section  3.  Every  peddler  of  cooked  refreshments  or  lunch 
shall  wear,  conspicuously,  on  his  outer  garment,  a  badge  or  metal 
shield,  upon  which  shall  be  inscribed  the  words  "Lunch  Peddler" 
and  his  number ;  and  every  peddler  using  a  wagon  or  vehicle  of  any 
description  shall  have  a  tin  or  metal  sign,  upon  which  shall  be 
printed  the  words:  "Lunch  Peddler,"  and  his  numlter,  in  letters 
not  less  than  two  inches  in  height,  fastened  conspicuously  upon 
each   side   of 'his   wagon   or  vehicle;  said  badge  and    sign  shall  be 


REVISED    ORm NANCES.  259 

furnished  by  the  license  Inspector  free  of  charge  and  must  be 
removed  upon  the  expiration  of  the  time  for  which  such  license 
was  issued. 

No  person  peddling  cooked  refreshments  or  lunch,  duly  li- 
censed under  this  chapter  shall  have  an  assistant  while  so  en- 
gaged. 

Penalty. 

Section  4.  Any  person  licensed  as  aforesaid  who  shall  be 
guilty  of  fraud,  cheat,  misrepresentation  or  imposition,  or  who 
shall  neglect  or  refuse  to  comply  with,  or  shall  violate  any  of  the 
provisions  of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  fined  not  less  than  $5.00  nor 
more  than  $50.00  or  be  imprisoned  not  exceeding  thirty  days. 


260  REVISED    ORDINANCES. 

CHAPTER  LII. 

MARKETS  AND  MARKET  HOUSES. 
Market  master. 

Section  1.  Upon  the  sixth  Tuesday  after  each  general  city- 
election  a  market  master  shall  be  appointed  by  the  mayor  subject 
to  the  approval  of  the  city  council,  who  shall  hold  said  office  during 
the  term  of  the  mayor  making  such  appointment.  The  market 
master  shall  perform  the  duties  herein  required,  or  which  may 
be  required  by  ordinance  or  concurrent  resolution,  and  shall  re- 
ceive compensation  at  the  rate  of  One  Hundred  Dollars  per 
month  during  the  time  designated  by  the  mayor  and  council, b}' 
concurrent  resolution,  in  each  year.  Provided.  That  the  mayor 
with  the  approval  of  the  city  council,  shall  have  the  right  at  any 
time,  to  remove  such  market  master,  and  the  powers  and  com- 
pensation of  such  market  master  shall  thereupon  cease  and  be 
at  an  end.  The  market  master  shall  give  bond  in  proper  form  in 
the  sum  of  83,000.00  to  be  approved  by  the  mayor  and  council, 
conditioned  as  required  by  the  act  incorporating  metropolitan 
cities. 

•  It  shall  be  the  duty  of  the  market  master  at  the  time  desig- 
nated by  the  m.ayor  and  council  in  each  year,  to  cause  spaces  or 
stalls  to  be  measured,  marked  and  numtiered  in  a  suitable  man- 
ner along  the   curb  of  Capitol  avenue. 

Special  policeman. 

Section  2.  Said  market  master  shall  by  virtue  of  his  said 
office,  be  a  special  policeman,  and  be  clothed  with  the  power  of 
a  police  officer  in  any  matter  relating  to  the  enforcement  of  or- 
dinances  or  rules   governing   markets   or   market   places. 

Cuming  street  market. 

Section  3,  That  that  part  of  21st  street  between  Burt  and 
Cuming  street  in  tlie  city  of  Omaha,  be  and  the  same  is  hereby 
set  aside  for  a  grain,  hay  and  produce  market;  Provided,  That 
such  market  shall  be  subject  to  such  rules  and  regulations  as  the 
mayor  and  council  by  ordinance  ma}^  see  fit;  and  ProHded  Fur- 
ther, That  said  part  of  said  streets  shall  not  be  so  obstructed  as 
to  interfere  with  the  free  passage  of  pedestrians  and  vehicles. 


REVISED    ORDINANCES.  261 

Hay  market. 

Section  4.  That  the  public  hay  market  for  that  portion  of 
the  city  of  Omaha  south  of  Farnam  street  is  hereby  designated 
and  located  on  Jackson  street  between  thirteenth  and  fifteenth 
streets   in   said   city. 

Wholesale    market. 

Section  5.  That  a  wholesale  market  place  in  the  city  of 
Omaha  is  hereby  established  at  and  along  Howard  street  from  the 
west  line  of  9th  street  to  the  east  line  of  11th  street,  and  along  11th 
street  from  the  north  line  of  Howard  street  to  the  south  line  of 
Harney  street,  and  upon  lots  5  and  6,  block  164,  in  said  city  of 
Omaha,  for  the  sale,  at  wiiolesale  of  fruits,  vegetables,  garden 
truck,  farm  products,  and  such  other  articles,  products  and  com- 
modities as  are  usually  exposed  for  sale  in  public  market  places 
in  cities,  but  not  to  include  hay  and  grain. 

Market    master. 

Section  6.  That  said  market  place  established  by  this  or- 
dinance shall  be  under  the  supervision  and  direction  of  the  market 
master  of  the  city  of  Omaha. 

Market  day. 

Section  7,  Each  and  every  day,  except  Sunday,  from  day 
break  until  12  o'clock  noon,  during  the  time  to  be  designated  by 
the  mayor  and  council  in  each  year,  shall  be  deemed  a  market  day 
at   said    market    place." 

Stalls. 

Section  S.  It  shall  be  the  duty  of  the  market  master  at  the 
time  designated  by  the  mayor  and  council  in  each  year  to  cause 
spaces  or  stalls  to  be  measured;  marked  and  numbered  in  a  suit- 
able manner  along  Howard  street  from  the  west  line  of  9th  street 
to  the  east  line  of  11th  street,  according  to  plans  for  stalls  and 
spaces  heretofore  prepared  and  approved;  and  as  soon  as  practic- 
able after  the  close  of  each  market  day  to  cause  all  dirt,  litter, 
rubbish  or  other  refuse  which  may  have  accumulated  or  exists 
along  said  stalls  or  spaces  or  upon  the  street  or  sidewalks  immedi- 
ately adjacent  thereto,  to  be  put  in  a  clean  and  sanitary  condition. 


262  REVISED    ORmNANCES. 

Regulation,  Lease. 

Section  9.  The  market  master  is  hereby  authorized  and  em- 
powered to  determine  and  regulate  the  use  of  said  market  place 
and  stalls  and  to  lease  the  same  to  market  gardeners  and  growers 
of  fruits,  vegetables  and  farm  produce,  except  hay  and  grain,  and 
to  collect  a  rental  for  said  stalls  and  spaces,  giving  receipts  therefor, 
as  herein  prescribed.  Provided,  however,  that  nothing  herein  shall 
be  construed  to  authorize  the  market  master  to  regulate  the  use 
of  the  stalls  or  spaces  upon  lots  5  and  6,  in  block  164,  city  of  Omaha. 

Rental. 

Section  10.  The  rental  of  each  of  said  stalls  or  spaces  shall 
be  at  the  rate  of  ten  cents  per  market  day.  Provided,  However,  that 
nothing  herein  shall  be  construed  to  authorize  the  market  mas- 
ter to  demand,  collect  or  receive  rent  for  stalls  or  spaces  upon  lots 
5  and  6,  block  164,  city  of  Omaha,  herein  set  apart  as  a  wholesale 
market  place;  and  Provided  Further,  that  the  said  stalls  and 
spaces  shall  not  be  used  for  market  purposes  at  any  other 
time  than  herein  prescribed.  Any  stall  not  occupied  by  the  party 
who  may  have  leased  the  same  at  or  before  one  hour  after  day 
break  shall  be  subject  to  disposal  for  said  market  day  by  the  mar- 
ket master  to  any  person  who  shall  be  disposed  to  occupy  the  same 
for    said    market    day. 

Duties  of  comptroller  and  master. 

Section  11.  The  city  comptroller  shall  furnish  to  the  market 
master  suitable  receipt  book  attached  to  stubs,  the  stubs  and  re- 
ceipts to  be  successively  numbered  corresponding  to  each  other, 
and  it  shall  be  unlawful  for  the  market  master  to  accept  any 
money  or  thing  of  value  for  any  stall  or  space  in  or  along  said  mar- 
ket place  without  giving  a  receipt  therefor,  or  to  give  any  receipt 
other  than  as  furnished  by  the  comptroller,  or  to  make  a  receipt 
differing  in  any  material  respect  from  the  entry  made  on  the  stub. 
It  shall  be  the  duty  of  the  market  master  to  turn  over  to  the  comp- 
troller, on  the  first  day  of  each  month  the  stubs  of  all  receipts  by 
him  issued  dviring  the  prceeeding  month,  and  to  pay  over  to  the 
city  treasurer,  daily,  all  moneys  by  him  received  or  collected  for 
the  use  of  any  stall  or  space  or  other  privilege  granted  by  him  as 
such  market  master.  Any  violation  of  the  provisions  of  this  sec- 
tion shall  subject  the  market  master  to  immediate  removal. 


REVISED    ORDINANCES.  263 

Privileges  of  stall  renters. 

Section  12.  Any  person  who- has  paid  the  rental  for  the  use 
of  any  stall  or  space  in  this  market  place  established  by  this 
chapter  shall  upon  the  presentation  of  the  receipt  of  the  market 
master  showing  said  payment,  be  entitled  to  the  use  without  fur- 
ther charge  of  any  space  or  place  in  any  other  market  place 
established  in  the  city  of  Omaha  as  may  be  assigned  to  him  by  the 
market  master  of  said  city  of  Omaha. 

How    used. 

Section  13.  It  shall  be  unlawful  for  any  person  to  sell  or 
offer  for  sale  at  retail,  any  fruits,  vegetables,  garden  truck,  farm 
products  and  such  other  articles,  products  and  commodities  as 
are  usually  exposed  for  sale  in  public  market  places,  at  or  in  the 
market  place  established  by  section  5  of  this  chapter,  and  it  shall 
be  unlawful  for  any  person  to  sell  or  offer  for  sale  at  wholesale 
any  fruitfe,  vegetables,  garden  truck,  farm  products,  and  such  other 
articles,  products  and  commodities  as  are  usually  exposed  for  sale 
in  public  market  places  in  the  city  at  or  in  the  market  place  estab- 
lished by  this  chapter  at  or  after  12  o'clock  M.  on  any  day.  Any 
person  who  shall  violate  the  provisions  of  this  section  or  shall 
fail  to  observe  or  comply  with  any  reasonable  requirement  of  tlje 
market  master  with  reference  to  the  use  and  occupation  of  said 
spaces  and  stalls,  or  who  shall  use  or  occ\ipy  or  attempt  to  use  or 
occupy  any  such  stall  or  space  without  paying  the  rental  therefor 
as  herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
S50  or  imprisoned  not  exceeding  ten  days,  or  both  fined  and  im- 
prisoned in  the  discretion  of  the  court.  Provided,  that  the  pro- 
visions of  this  section  relating  to  time  shall  not  apply  to  the  mar- 
ket carried  on  upon  lots  5  and  6.  block  164,  city  of  Omaha,  Neb- 
braska. 

Special  policeman. 

Section  14.  Said  market  master  shall,  by  virtue  of  his  office 
be  a  special  policemen,  and  be  clothed  with  the  power  of  a  police 
officer  in  any  matter  relating  to  the  enforcement  of  the  provision 
of  this   chapter. 


264  REVISED    ORDINANCES. 

Market  house  site. 

Section  15.  That  so  much  of  Capitol  avenue  in  the  city  of 
Omaha  between  the  west  Une  of  13th  street  and  the  east  hne  of 
14th  street  as  is  described  as  follows,  to-wit :  Beginning  at  a  point 
twenty-four  (24)  feet  north  of  the  center  line  of  Capitol  avenue 
in  the  city  of  Omaha  on  the  west  line  of  13th  street,  thence  west 
parallel  to  said  center  line  two  hundred  sixty-four  (264)  feet  to 
the  east  line  of  14th  street,  thence  south  on  said  east  line  of  14th 
street  forty-eight  (4cS)  feet,  thence  east  parallel  to  said  center  line 
of  Capitol  avenue  two  hundred  sixty-four  (264)  feet  to  the  west 
line  of  13th  street  thence  north  forty-eight  (48)  feet  to  the  place 
of  beginning,  be  and  the  same  is  hereby  appropriated  for  the  uses 
and  purposes  of  and  site  for  a  market  house  to  be  owned  and  con- 
ducted by  the  city  of  Omaha  so  long  as  the  same  shall  be  so  used. 

Market    house. 

Section  16.  It  is  hereby  made  the  duty  of  the  market  mas- 
ter of  the  city  to  locate  and  erect  upon  the  site  aforesaid  a  market 
house  for  the  use  of  the  city  in  accordance  with  the  plans  and 
specifications  heretofore  approved  and  which  shall  be  made  to 
conform  to  said  site,  and  the  said  market  master  is  hereby 
required  to  proceed  at  once  to  the  erection  of  such  portion  of  the 
said  market  hovise,  according  to  said  plans,  as  can  be  erected  ready 
for  use  within  the  appropriatioji  of  fifteen  thousand  ($15,000) 
dollars  heretofore  made  therefor  and  to  make  on  behalf  of  the  city 
all  necessary  contracts  therefor  in  the  manner  provided  by  law, 
subject  to  the  approval  of  the  mayor  and  council. 

Meat  Inspector. 

See  Veterinary  Surojcon. 

Meat,  Sale  Without  License. 

See  Fish. 

Merry-go -Eound,  License  for. 

See  Street  Sales,  Section  6, 

Milk  Inspector,  Duties. 

See  Sanitary  Resiilations. 


REVISED    ORDINANCES.  265 


CHAPTER  LTII. 
License   fees.  MILK— VENDERS  OF. 

Section  1.  Xo  person  or  persons,  firm  or  corporation  shall 
sell  offer  for  sale,  expose  for  sale  or  keep  for  sale,  in  the  city  of 
Omaha,  any  milk  or  cream  without  first  obtaining  a  license  as  by 
this  chapter  provided. 

Every  person,  firm  or  corporation  producing  milk  or  cream 
for  sale  and  selling  the  same  in  the  city  of  Omaha,  and  CA-ery 
person,  firm  or  corporation  selling  or  offering  for  sale,  or  keeping 
for  sale,  any  milk  or  cream  from  an}'  milk  depot,  store,  or  other  estab- 
lishment or  place  of  business  in  the  city  of  Omaha,  and  every 
person  selling  or  delivering  milk  from  any  wagon  or  other  vehicle 
within  the  city  of  Omaha  shall  pay  a  license  fee  of  ten  ($10.00) 
dollars  per  year; 

Provided,  That  when  more  than  one  wagon  or  other  vehicle 
is  used  by  any  person,  firm  or  corporation  in  the  delivery  of  milk 
or  cream  in  the  city  of  Omaha,  an  additional  license  fee  of  ten 
($10.00)  dollars  per  year  shall  be  paid  for  each  additional  wagon, 
and. 

Provided,  Further  that  any  person  owning  less  than  ten  (10) 
cows  and  delivering  milk  by  hand,  or  from  his  or  her  residense, 
shall  pay  a  license  fee  of  one  dollor  ($1.00)  for  each  cow,  and  any 
person  selling  milk  from  any  store  or  other  place  of  business,  and 
selling  less  than  ten  gallons  per  day.  shall  pay  a  license  fee  of  five 
($5.00)  dollars. 

Xo  license  shall  be  issued  for  less  period  than  six  months, 
and  all  licenses  shall  expire  June  '30.  or  Decembes  31  of  each  year. 

Before  the  issuance  of  the  license  every  vender  of  milk  or 
cream  shall  make  a  written  application  therefor  on  a  printed  form 
provided  for  that  purpose,  which  shall  bo  filed  with  the  commis- 
sioner of  health,  on  which  shall  be  'Stated: 

First.  The  name  and  residence  of  the  applicant,  or  if  a  firm, 
the  name  and  residence  of  each  of  the  members  of  said  firm,  or 
if  a  corporation,  the  name  and  resi(U'nce  of  the  presidcMit  and 
secretary  of  said  corporation. 

Second.  Tlic  location  of  the  lousiness  place  or  places  of  the 
applicant,  giving  street  and  number,  and  the  nain(>  and  residence 
of  the  person  in  charge  of  each. 


266  REVISED    ORDINANCES. 

Third.  A  description  of  each  and  every  wa,£on  or  other 
other  vehicle  used  in  the  dehvery  of  milk  or  cream,  and  the  number 
used  to  designate  each. 

Fourth.     The  location  of  the  dairy  or  source  of  supply. 

Fifth.  The  number  of  cows,  if  any  owned  or  controlled  by 
the  applicant. 

If  said  application  is  allowed  by  the  health  commissioner 
a  certificate  to  that  effect  shall  be  given  to  the  applicant.  The 
city  clerk,  on  delivery  to  him  of  such  certificate  from  the  health 
commissioner,  and  payment  to  him  of  the  license  fee  herein 
provided  for  shall  deliver  to  said  applicant  a  license  as  herein 
])rovided. 

If,  after  the  issuance  of  the  license,  any  change  be  made  in 
the  firm,  officers,  managers,  superintendents,  location,  wagons  or 
other  vehicles,  personal  notice  thereof  must  be  given  to  the  health 
commissioner  for  insertion  and  correction  in  the  records  of  the 
department,  and  such  changes  shall  be  noted  in  writing  by  the 
health  commissioner  on  the  license. 

Drivers  Certificate. 

Section  2.  Every  vendor  of  milk  or  cream  shall  present  to 
and  file  with  the  health  commissioner  a  written  application  from 
each  driver  or  employee  employed  by  him  for  the  purpose  of 
carrying  or  delivering  milk  or  cream,  for  a  certificate  to  be  issued 
to  .each  driver  or  employee,  which  application  shall  state  the 
name,  age  and  residence  of  such  employee,  the  name  and  place 
of  business  of  the  party  or  parties  by  whom  he  is  employed  and 
the  number  used  to  designate  the  wagon  or  other  vehicle,  if  any, 
to  be  driven  by  him.  Upon  the  filing  of  such  application,  if  a 
license  shall  have  been  issued  to  the  vender,  there  shall  be  issued 
to  the  driver  or  employee  by  the  health  commissioner  a  certificate, 
which  certificate  shall  state  the  name  and  residence  of  such  driver 
or  employee,  the  name  and  place  of  business  of  the  employer  and 
the  number  of  the  wagon  or  other  vehicle,  if  any,  which  he  is 
authorized  to  drive.  All  certificates  shall  run  for  the  same  period 
of  time  as  the  license  under  which  such  certificates  are  issued. 
Such  certificate  shall  be  carried  by  said  driver,  or  employee  at  all 
times  when  vending,  carrying  and  delivering  milk  or  cream,  and 
shall  be  produced  and  exhibited  upon  a  demand  made  therefor. 
No  person  shall  be  employed  in  carrj^ing  or  delivering  milk  or 
cream  without  a  certificate  therefor  as  above  provided. 


REVISED    ORDINANCES.  267 


Not  transferable. 


Section  3.  No  license  or  certificate  shall  be  sold,  assigned, 
loaned  or  transferred,  or  be  placed  in  the  care,  custody,  control 
or  possession  of  another  not  entitled  thereto. 

Tin  tag. 

Section  4.  All  wagons  or  other  vehicles  used  for  the  delivery 
of  milk  or  cream  within  the  city  of  Omaha  shall  have  a  tin  plate 
firmly  attached  to  each  side  of  said  wagon  or  vehicle  in  a  conspi- 
cous  place,  on  which  shall  be  painted  the  number  of  the  license 
of  the  owner  of  said  wagon  or  vehicle,  said  number  to  be  printed 
thereon  plainly  and  legibly,  said  tin  plate  and  number  to  be  fur- 
nished by  the  license  inspector  free  of  charge  at  the  time  of  obtain- 
ing the  license. 


268 


REVISED    ORDINANCES. 


CHAPTER  LIY. 


MISDEMEANORS. 


Section 

Advertisement,  defacing,  etc 42 

Air,  tainting  the 55 

Animals  at  large 37 

Animals  on  sidewalks,  etc 38 

Bagatelle  tables 88,  91 

Ball  playing  on  streets 86-7 

Barbed  wire  fences 31 

Barricades,  removal  of 71,  72 

Beggars,  unsightly 18 

Branches  of   trees  overhanging  side- 
walk    34 

Bread,  weight  of 43 

Birds,  killing  of,  etc 12,  14 

Bulletin  board  city  hall,   destroying 

notices,  etc.,  on 93 

Burglars'  tools 9 

Carcasses  of  animals,  etc.,  exposed.  .   61 
Carnival,  throwing  substances  at.  .  .  .   75 

Cellars,  etc.,  damp 64 

Cemeteries,  fast  driving  in 95 

Cigarettes,  furnishing  to  minors 96 

Circulars 92 

Coasting 30 

Concealed  weapons 10 

Cruelty  to  animals 11 

Dangerous  animals 23 

Disorderly  houses 48 

Disturbing  assemblages 6 

Disturbing  peace,  penalty 1 

Dog  fighting 8 

Doves,  trapping,  etc 13 

Drunkeness    on    street    and    private 

property 2 

Dumping  ashes 81 

Excavating  lots,  contiguous  to  side- 
walks    35 

Explosives  on  railway  or  street  rail- 
way  107 

Fast  driving 27 

Fences,  etc.,  injury  to 41 

Fighting,   disorderly  house 48 

Fire  arms 84,  85 

Fire  "rms,  sale  to  persons  under  eigh- 
teen  103,  104 

Fire  .rackers,  giant 83,  85,  105,  106 

Fire    rackers,  etc 29 

Fist  fighting 8 

Fun^r  1  procession,  interference  with 

101, 102 

G         lino; 48,  49,  50 

Gr    ;  i  in  street,  injury  to  .  .   36 

T^       I  nils 92 

H*     in-'  to  lamp  posts    n  r  nts  33 

H--    5  -n  sidewalks 28 


Section 

Indecent  conduct 15 

Indecent  dress,  nudity 16 

Indecent  exhibitions  of  animals ....  21 

Larceny 77 

Locomotive   whistles   and   bells,   un- 
necessary sounding 99,  100 

Loitering 5 

Lottery 53,  54 

Material  on  streets 35 

Medicine  samples,  not   to  be  thrown 

into  yards 110,  111 

Nuisances 63,  70 

Obscene  literature 19 

Offensive  matter  in  street,  etc 61 

Opium  joints 51,  52 

Parades,  throwing  substances  at ...  .   75 

Posters,  unlawfuUyplaced 40 

Privies,  construction  of,  leaking,  etc., 

62,63 

Prize  fighting 8 

Prostitutes 17 

Prostitutes,  no  fines  to  be  collected 

from 47 

Prostitution,  houses  of 47 

Prostitution 108,  109 

Prostitution,  houses  of,  owner,  etc .  .  47 

Public  buildings,   signs  on,   etc 39 

Refuse  in  streets,  etc,,  duty  of  abutt- 
ing owners 73,  74 

Rubbish  throwing  in  gutter,  etc 

24,25,  26 

Sidewalks,  obstruction  of 82 

Sign  board,  etc.,  injury  to 41 

Signs,  posting  on  sidewalk,  etc 80 

Signs,  unlawfully  placed 40 

Slaughter  houses,  etc.,  protest 

56,57,58 

Smoke-stacks 68,  70 

Sod,  removing  from  street  and  other 

places 45 

Stores,  open  Sunday 78,  79 

Street  shows 22 

Structure  in  street 59,  60 

Sweeping  sidewalks 24 

Swindlers 3 

Taking  dirt  from  streets 32 

Tenement  houses,  etc.,  light  and  venti- 
lation     65 

Threats 76 

Throwing  at  lamp  posts  or  lamps.  ...  33 

Trees,  defacing,  signs  on,  etc 39 

Trees,  etc.,  on  private  grounds,  injury 

to 46 

Trees  in  street,  injury  to 36 


REVISED    ORDINANCES.  269 

Section  Section 

Trespass  on  private  grounds 46  Waste  paper  boxes  on  street,  use  of, 

Trespass  on  unoccupied  premises ....  94  97,  98 

Unlawful  assembling 7       Water,  offensive,  pools 66 

Venereal  disefjse  literature 20  Water,  stopping  in  street,  sewers,  etc    44 

Vagrants,  defined,  penalty 3,  4 

Disturbing  the  peace — Penalty. 

Section  1.  It  shall  be  unlawful  for  any  person  to  disturb 
the  good  order  or  peace  of  the  city  of  Omaha  by  making  any  loud 
or  unusual  noise;  or  by  fighting  or  threatening  to  fight;  or  by 
tumultuous  threatenings.  or  offensive  carriage;  or  by  vising  an}^ 
abusive,  obscene  or  profane  language  in  the  streets  or  other  places 
to  the  annoyance  of  citizens.  Any  person  who  shall  violate  any 
of  the  provisions  of  this  section,  shall,  on  conviction  thereof  be 
fined  in  any  sum  not  exceeding  one  hundred  ($100)  dollars,  or  be 
imprisoned  not  exceeding  thirty  (30)   days. 

Being  drunk  on  the  streets  or  premises  of  another. 

Section  2.  Any  person  who  shall  be  drunk  in  any  street, 
alley,  park  or  other  pul)lic  place  within  the  city,  or  in  or  upon 
the  premises  of  another  without  the  consent  of  the  owner  or  oc- 
cupant thereof,  or  who  shall  be  drank  and  disorderly  in  any  private 
house  or  place  to  sucli  an  extent  as  to  jeopardize  any  person  or 
property,  or  as  to  be  injurious  to  the  public  morals,  shall  upon 
conviction  thereof,  be  fined  in  a  sum  not  less  than  one  ($1)  dollar, 
nor  more  than  twenty-five  ($25)  dollars,  or  be  imprisoned  not 
exceeding  thirty  (30)  days. 

Vagrants  and  swindlers. 

Section  3.  Any  and  all  persons  who  shall  loiter  about 
the  city  for  the  space  of  ten  days  without  having  some  known 
legal  occupation  or  means  of  support,  and  all  suspicious  persons 
who  can  give  no  reasonable  account  of  themselves,  which  said 
classes  of  persons  are  usually  termed  vagrants,  and  all  watch 
stuffers,  and  all  other  persons  who  shall  practice  the  game  known 
as  three-card  monte  or  any  game,  trick  or  device  with  intent  to 
swindle,  may  be  arrested  with  or  witho\it  a  warrant,  by  the  chief 
of  police,  or  any  policeman  of  the  city,  and  upon  conviction,  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  he  Fined  in  any  sum 
not  exceeding  fifty  ($50)  dollars,  or  be  imprisoned  for  a  lei-m  in)t 
exceeding  thirty  (30)  days. 


270  REVISED    ORDINANCES. 

Vagrant  defined. 

Section  4.  A  vagrant  withii\  the  meaning  of  this  section  shall 
be  deemed  to  be  any  person  able  to  work  and  support  himself, 
or  herself,  in  any  honest  and  respectable  calhng,  trade  or  business, 
who  lives  idly  and  without  any  visiVjle  means  to  support  himself 
or  herself;  and 

P'irst — Who  shall  be  found  loitering  or  strolling  about  in  any 
street,  avenue,  alley,  park  or  any  public  or  private  place  within 
the  city;  or 

Second — Who  shall  go  about  begging  in  any  part  of  the  city, 
not  having  any  regular  lawful  business;  or 

Third — Who  shall  occupy  for  the  purpose  of  lodging,  any  barn, 
shed,  shop  or  place  other  than  such  as  is  provided  for  that  purpose, 
without  permission  of  the  owner  or  person  entitled  to  possession 
thereof ;  or 

Fourth — Who  shall  be  the  keeper,  proprietor  or  exhibitor  of 
any  device,  or  wdio  shall  be  an  assistant  or  attendant  at  any  de- 
vice; or 

Fifth — Who,  for  the  purpose  of  gaming  or  gambling,  travels 
about  from  place  to  place,  or  frequents  saloons,  beer  houses,  rail- 
road cars,  trains  or  depots  in  this  city  for  that  purpose;  or 

Sixth — Upon  whom  shall  be  found  any  instrument  or  thing 
used  for  the  commission  of  burglary,  or  for  picking  locks,  or  pock- 
ets, and  who  shall  fail  to  give  a  good  account  of  the  possession  of 
the  same;  or 

Seventh — Who  shall  be  engaged  in  any  fraudulent  scheme, 
device  or  trick  upon  the  streets,  thoroughfares  or  pubhc  places 
or  esle where  in  the  city. 

Any  person  who  shall  be  convicted  of  being  a  vagrant  under 
any  provision  of  this  section  shall  be  fined  in  any  sum  not  exceeding 
fifty  (SoO)  dollars  or  be  imprisoned  not  exceeding  thirty  (30)  days. 

Loitering  at  street  corners,  etc. 

Section  5.  Any  person  who  shall  be  found  loitering  at  the 
corners  of  streets  or  in  the  vicinity  of  any  place  of  amusement, 
hotel  or  other  public  place,  and  refuse  to  disperse  or  vacate  such 
place  when  requested  so  to  do  by  any  police  officer  of  the  city, 
shall,  upon  conviction  thereof  be  fined  in  a  sum  not  exceeding 
twenty-five  (•$25)  dollars,  or  be  imprisoned  not  exceeding  thirty 
(30)  days. 


REVISED    ORDINANCES.  271 

Disturbing  assemblages. 

Section  6.  Any  person  who  shall  disturb  any  lawful  assem- 
blage of  people,  or  who  shall  disquiet  or  disturb  any  congregation 
or  assembly,  for  religious  worship  by  making  any  noise,  or  by  rude 
or  indecent  behavior,  shall,  upon  conviction  thereof,  be  fined  in 
any  sum  not  exceeding  one  hundred  (1100)  dollars  or  to  be  im- 
prisoned not  exceeding  thirty  (30)  days. 

Unlawful  assembling. 

Section  7.  Any  two  or  more  persons  who  shall  assemble 
together  in  this  city  with  an  intent  to  do  an  unlawful  act,  or  being 
assembled  shall  mutually  argee,  or  act  in  concert,  to  do  an  un- 
lawful act  with  force  or  violence  against  the  property  of  the  city 
or  the  person  or  property  of  another,  or  against  the  peace  and  to 
the  terror,  annoyance  or  injury  of  others  and  shall  make  any  move 
or  preparation  therefor,  and  every  person  present  at  such  meeting 
or  assembly  who  shall  not  endeavor  to  prevent  the  commission 
(^r  perpetration  of  such  unlawful  act  shall,  upon  conviction  thereof, 
be  severally  fined  in  a  sum  not  exceeding  one  hundred  ($100) 
dollars  or  be  imprisoned  not  exceeding  thirty  (30)  days,  for  each 
and  every   offense. 

Prize  fighting — Dog  fighting. 

Section  S.  Any  person  who  shall  promote,  engage  in  or  be 
concerned  in  any  prize  fight,  fist  fight,  dog  fight  or  contest  in  any 
house,  or  upon  any  premises  in  his  possession  or  under  nis  con- 
trol, within  this  city,  shall,  upon  conviction  thereof,  be  fined  not 
less  than  five  ($5)  dollars  nor  more  than  one  hundred  (SlOO) 
dollars,  or  be  imprisont-d  not  to  exceed  thirty  (30)  days. 

Burglars'  tools. 

Section  9.  It  shall  be  unlawful  for  an}^  person  to  have  in 
his  possession  any  nippers  of  the  description  known  as  burglar's 
nippers,  pick  lock,  skeleton  key,  key  to  l>e  used  with  bit  or  bits, 
jimmey  or  other  burglars'  instrument  or  tool  of  whatsoever  kind 
or  description,  unless  it  be  showji  that  such  possession  is  innocent 
or  for  lawful  purpose;  and  any  person  violating  any  provision 
of  this  section,  shall,  upon  conviction,  be  fined  in  a  sum  of  not 
less  than  ten  (SIO)  dollars  nor  more  than  one' hundred  ($100) 
dollars,  or  he  imprisoned  not  cxci^c'diiig  thirty  (30)  days. 


272  REVISED    ORDINANCES. 

Concealed  weapons. 

Section  10.  It  shall  be  unlawful  for  any  person  to  wear  un- 
der his  clothes,  or  concealed  about  his  person,  any  pistol  or  re- 
volver, colt,  billy,  slung-shot,  brass  knuckles  or  knuckles  of  lead, 
dirk,  dagoer.  or  any  knife  resembling  a  bowie  knife,  or  any  other 
dangerous  or  deadly  weapon  within  the  corporate  limits  of  the 
city  of  Omaha.  And  any  person  guilty  of  a  violation  of  this  section 
shall  on  conviction,  be  fined  not  exceeding  one  iiundred  ($100) 
dollars  for  each  and  every  offense;  nothing  in  this  section,  how- 
ever, shall  be  so  construed  as  to  prevent  the  United  States  mar- 
shals and  their  deputies,  sheriffs  and  their  deputies,  regular  or 
special  police  officers  of  the  city,  from  carrying  or  wearing  such 
weapons  as  may  be  deemed  necessary  in  the  proper  discharge 
of  theif  duties.  Provided,  Hoivever,  If  it  shall  be  proved  from  the 
testimony  on  the  trial  of  any  such  case,  that  the  accused  was,  at 
the  time  of  carrying  any  weapon  as  aforesaid,  engaged  in  the  pur- 
suit of  any  lawful  business,  calling  or  employment  and  the  cir- 
cumstances in  which  he  was  placed  at  the  time  aforesaid  were 
such  as  to  justify  a  prudent  man  in  carrying  the  weapon  or  weapons 
aforesaid,  for  the  defense  of  his  person,  property  or  family,  the 
accused  shall  be  acquitted. 

.  Whenever  any  police  officer  shall  make  an  arrest  of  a  person 
having  concealed  on  or  about  his  person  any  weapon  or  weapons, 
as  specified  in  this  section,  it  shall  be  such  officer's  duty  to  take 
from  such  person  arrested  the  weapon  or  Vv'eapons  found  upon  him 
at  the  time  of  his  arrest,  and  to  retain  the  same,  to  abide  such  or- 
der concerning  the  same  as  may  be  made  b}'  the  police  judge. 

Inhuman  treatment  of  dumb  animals. 

Section  11.  It  shall  be  unlawful  for  any  person  to  cruelly, 
inhumanly  or  unnecessarily  beat,  injure,  overload  or  overwork, 
or  to  insufficently  shelter  or  feed  any  horse,  mule  or  dumb  animal, 
or  to  drive,  I'ide  or  work  or  cause  to  be  ridden,  driven  or  worked 
any  horse,  mule  or  dumb  animal,  which  by  reason  of  an}^  deformity, 
injury  or  disease  or  other  cause  whatsoever,  shall  be  incapable 
of  being  ridden,  driven  or  worked  without  suffering  pain  or  great 
annoyance  from  such  deformity,  injury,  disease  or  other  cause, 
or  to  otherwise  abuse  any  dumb  animal  within  the  limits  of  the 
city  of  (!)maha.  or  to  encourage  or  urge  any  dogs  or  other  animals 
to  fight  in  said  city,  and  every  person  violating  any  provision  of 
this  section  shall,  on  conviction  thereof,  be  fined  not  exceeding 
fifty  ($50)  dollars  or  be  imprisoned  not  to  exceed  thirty  (30)  days. 


REVISED    ORDINANCES.  273 

Killing  birds. 

Section  12.  Every  person  who  shall  kill  or  wound,  or  at- 
tempt to  kill  or  wound  by  the  use  of  fire  arms,  bow  and  arrow, 
pelting  with  stones  or  otherwise,  any  bird  within  the  city  limits, 
or  shoot  an  arrow,  or  throw  a  stone  or  club,  or  other  missile  at  any 
bird  within. any  private  grounds,  or  public  park,  square  or  grounds, 
(such  bird  not  being  the  property  of  the  person  so  offending)  or 
enter  upon  any  private  enclosure,  or  public  grounds  belonging 
to  the  city,  for  the  purpose  of  doing  any  act  prohibited  in  this 
section,  shall,  upon  conviction,  be  fined  not  exceeding  twenty-five 
($25)  dollars  for  each  and  every  offense. 

Trapping  doves. 

Section  13.  Any  ))erson  who  shall,  within  this  city,  kill, 
trap  or  ensnare  or  attempt  to  kill,  trap  or  ensnare,  take  or  carry 
away  any  dove  (without  the  consent  of  the  owner  thereof)  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  not  exceeding  twenty- 
five  ($25)  dollars. 

Injuring  birds  or  nests  or  eggs. 

Section  14.  It  shall  be  unlawful  for  any  boy  or  other  person 
at  any  time  within  the  corporate  limits  of  the  city  of  Omaha  to 
shoot  or  shoot  at  any  bird  with  any  gun,  air  gun,  rifle,  sling-shot, 
or  other  device,  or  to  throw  at,  frighten,  wound,  kill,  take,  capture, 
ensnare,  net,  trap  or  in  any  other  manner  molest  or  injure  any 
bird,  or  in  any  manner  molest  or  injure  the  nest,  eggs  or  young 
of  any  bird  or  to  have  in  his  or  their  possession  the  nest,  eggs, 
young  or  body  of  any  bird.  It  is  also  hereby  declared  unlawful 
for  any  boy  or  other  j^erson  to  carry  or  have  on  his  or  their  person 
any  gun,  air  gun.  rifle,  sling-shot  or  other  similar  device,  with  the 
intent  or  pur]:)ose  of  shooting  at  or  throwing  at  any  bird  or  other- 
wise injuring  or  frightening  any  bird  within  the  city  limits.  Any 
person  violating  any  provision  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  in  any 
sum  not  exceeding  twenty-five  dollars  ($25.00)  and  in  addition 
to  such  fine  may  be  imprisoned  not  exceeding  ten  (10)  days. 

Indecent  conduct. 

Section  15.  Any  person  wlio  shall  indulge  in  any  indecent 
or  disorderly  conduct,  oi-  in  any  l(>wd  or  lascivious  behavior  in  any 
street,  alley  or  other  ])ublic  plac(>  in  the  city  of  Omaha,  or  who 


274  REVISED    ORDINANCES. 

shall  commit  any  indecent,  immodest  or  filthy  act  within  the  limits 
of  said  city  in  the  presence  of  any  person,  or  in  such  a  situation 
that  persons  passing  might  ordinarily  see  the  same,  shall  be  deem- 
ed guilty  of  a  misdemeanor,  and  npon  conviction  thereof,  shall 
be  fined  not  exceeding  fifty  ($50)  dollars,  or  imprisoned  not  to 
exceed  thirty  (30)  days,  or  both,  in  the  discretion  of  the  court. 

Improper   dress. 

Section  16.  Any  person  who  shall  appear  upon  any  public 
street  or  alley  or  in  any  public  place  in  the  city  of  Omaha,  in  a 
state  of  nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in 
an  indecent  or  lewd  dress,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  exceeding  thirty 
($m   dollars. 

Prostitutes. 

Section  "17.  Any  prostitute,  courtesan  or  lewd  woman  who 
shall  by  sign,  word  or  action  endeavor  to  ply  her  vocation  upon 
the  streets  or  in  any  public  place,  or  at  the  door  or  window  of  the 
house  or  room  occupied  by  her,  or  shall  endeavor  by  her  dress 
or  any  sign,  gesture  or  action  to  induce  or  prevail  upon  any  person 
to  enter  the  house  or  room  so  occupied  by  her,  or  shall  make  any 
bold  or  meretricious  display  of  herself,  either  upon  the  public 
streets  or  in  any  public  place  or  at  any  window  or  door-way  of 
any  house  or  room  so  occupied  by  her  or  in  which  she  may  be, 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
fifty  (-SoO)  dollars,  and  it  shall  contsitute  no  defense  whatever  to 
this  section  that  any  such  prostitute,  courtesan  or  lewd  woman 
is  or  has  been  occupying  any  such  house  or  room  alone, and  that 
there  are  no  other  regular  or  special  occupants  thereof,  and  the 
reputation  of  any  such  house  or  room  shall  be  a  matter  proper  for 
and  subject  to  judicial  inquiry. 

Unsightly  beggars. 

Section  18.  No  person  who  is  in  nny  way 'diseased,  maimed, 
mutilated  or  in  any  way  deformed  so  as  to  be  an  unsightly  or  dis- 
gusting object  shall  expose  himself  or  herself  to  public  view  upon 
any  street,  sidewalk  or  in  any  park  or  other  public  place  for  the 
purpose  of  soliciting  alms  or  exciting  sympathy,  interest  or  curi- 
osity, under  a  penalty  of  not  exceeding  five  ($5)  dollars  for  each 
offense. 


REVISED    ORDINANCES.  275 


Lewd  books. 


Section  19.  It  shall  hv  unlawful  for  any  person  to  sell  or 
distribute  or  aid  in  the  sale  or  distribution  or  have  in  his  or  her 
possession  with  the  intent  to  sell  or  distribute,  or  cause  to  be  dis- 
tributed, or  to  exhibit  or  circulate  or  cause  to  be  exhibited  or 
circulated,  any  obscene,  indecent  or  lewd  book,  pamphlet,  maga- 
zine, story  paper,  newspaper,  picture,  photograph,  model  or  cast, 
or  other  thing  whatever  of  an  immoral  or  scandalous  nature,  or 
to  exhibit  or  perform  any  indecent,  immoral  or  lewd  play  or  other 
representation,  or  to  sell  or  distribute,  or  cause  to  be  sold  or  dis- 
tributed, or  aid  in  the  sale  or  distribution,  or  have  in  his  or  her 
possession  for  sale  or  distribution,  or  with  the  intent  to  sell  orv 
distribute,  any  book,  pamphlet,  magazine,  newspaper,  story  paper, 
or  other  paper  devoted  to  the  publication,  or  principally  made 
up  of  criminal  news,  police  reports,  or  accounts  of  criminal  deeds  and 
immoral  acts,  or  pictvires  and  stories  of  immoral  deeds,  lust  or 
or  crime,  or  to  sell  to,  or  use,  or  employ  any  minor  child,  or  aid 
in  the  sellins;  to,  or  using  or  employing  of  any  minor  child  to  give 
away,  sell  or  distribute  any  such  books,  papers  or  magazines  above 
described,  in  or  upon  any  street,  avenue,  sidewalk,  park  or  other 
public  pliace  within  the  city  of  Omaha,  or  within  three  miles  of 
the  corporate  limits  thereof.  Any  person  violating  any  provision 
of  this  section,  upon  conviction  thereof,  shall  be  liaed  in  any  sum 
not  exceeding  one  hundred  ($100)  dollars  for  each  offense,  or  be 
iniprisoned  not  exceeding  ninety  days. 

Venereal  disease  literature. 

Section  20.  It  shall  be  mdawful  for  any  ]ierson  to  sell  or 
offer  to  sell,  give  away  or  oft"er  to  give  away,  distribute  or  have 
in  his  or  her  possession  with  intent  to  give  aw^ay,  sell,  distribute 
or  cause  to  be  distributed  in  or  upon  any  street,  avenue,  sidewalk, 
park  or  other  public  place  in  the  city  of  Omaha,  any  book,  pamph- 
let, circular,  handbill,  advertisement,  or  notice  of  any  kind,  pur- 
porting to  treat,  or  treating  of  diseases  known  as  "venereal  dis- 
eases" or  giving  information  from  whom  or  where  medicine  or 
treatment  of  any  such  disease  can  be  obtained  or  describing  or 
exi)lai'iing.  or  purjxjrting' to  describe  or  ex]>lain,  the  genital  organs, 
giving  or  ])urporting  to  give,  the  nature  and  remedies  of  disease 
pecuUar  to  females,  or  of  uterine  disease,  or  the  nature  or  cause  of 
nervous  debility,  im])otence,  sterility,  or  barreimess,  gonorrhoea, 
gleet,   strictur(\   sy]:)hilis,    affectif)n    of   the   prostate   gland,   or   the 


276  RICVISED    ORDINANCES. 

venietlies  thereof,  or  the  cause  or  remedy  for  abortion  or  mis- 
carriage, or  articles  or  means  for  preventing  conception;  and  any 
person  who  shall  be  convicted  of  a  violation  of  this  section,  or  any 
of  its  provisions,  shall  upon  conviction,  for  each  offense,  be  fined 
in  a  sum  not  less  than  five  ($5)  dollars  nor  more  than  one  himdred 
($100)   dollars,  or  be  imprisoned  not  exceeding  thirty  (30)   days. 

Indecently  exhibiting  animals. 

Section  21.  No  person  shall  indecently  exhibit  any  horse, 
jack,  or  other  aniiiial,  or  let  any  horse  or  jack  to  any  mare  or  jenny, 
or  any  bull  to  any  cow  or  cows,  within  the  limits  of  this  city,  un- 
less in  some  place  wholly  enclosed  and  out  of  public  view;  and  any 
person  so  doing  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding  fifty 
(*50)  dollars  for  each  and  every  offense. 

Street  shows. 

Section  22.  Xo  pej'son  shall  engage  in  any  game,  sport, 
amusement,  or  exhibit  any  machine,  or  show,  or  indulge  in  any 
acrobatic  feat,  or  do  anything  else  in  the  street,  or  upon  the  side- 
walk, which  will  have  a  tendency  to  frighten  horses,  or  which  shall 
collect  any  crowd  of  boys  or  men,  so  as  to  interfere  with  the  pass- 
age of  teams  or  vehicles,  or  persons  passing  along  the  streets  or 
sidew^alks. 

Any  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  fined  not  exceeding  twenty-five  ($25)  dollars  for 
each  and  every  offense. 

Dangerous  animals  at  large. 

Section  23.  No  person  shall  permit  any  bear  or  any  other 
noxious  or  dangerous  animal  to  run  at  large,  or  shall  lead  any 
such  animal  with  a  chain  or  rope,  or  other  appliance,  whether 
such  animal  be  nuizzled  or  unnuizzled,  in  any  street,  avenue, 
alley,  highway  or  public  place  within  the  corporate  limits  of  the 
city  of  Omaha,  under  a  penalty  of  not  exceeding  fifty  ($.50)  dollars 
for  each  offense. 

Leaving  nails,  glass,  etc.,  in  the  streets. 

Sectioii  24.  It  is  hereby  declared  unlawful  for  any  person 
to  throw,  drop,  place  or  sweep  upon  any  sidewalk  along  any  paved 
street  or  alley  in  the  city  of  Omaha  or  to  throw,  drop,  place  or 


REVISKU    ORDINANCES.        •  277 

lojive  in  any  gutter  of  any  paved  street  or  alley  in  the  city  of 
Omaha,  or  to  throw,  drop,  leave  or  place  upon  the  pavement  of 
any  street  or  alley  of  the  city  of  Omaha  any  papers,  sweepings, 
•straw,  filth  or  rubbish  of  any  kind  or  description,  or  to  throw, 
place  or  leave  upon  any  sidewalk,  gutter  or  street  in  the  city 
of  Omaha  any  dead  rat,  or  other  dead  animal,  or  any  other  thing 
which  may  cause  a  litter  or  nuisance,  and  any  person  doing  any 
siich  iinlawfid  act,  and  any  firm,  company  or  corporation  owning 
or  occupying  any  store,  office  or  other  building  in  the  city  of 
Omaha  who  shall  authorize,  permit  or  allow  any  sweepings,  paper, 
rubbish  or  other  thing  herein  specified  to  be  thrown,  placed  or 
left  upon  any  paved  street  or  alley  or  upon  any  sidewalk  or  in  any 
gutter  of  any  paved  street  shall  be  deeemd  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  exceed- 
ing one  hundred  (SlOO)  dollars  for  each  and  every  ofTense.  And 
it  is  hereby  further  declared  unlawful  for  any  person,  firm,  com- 
pany or  corporation  to  sweep  or  authorize  or  permit  to  be  swept 
in  front  of  his  or  its  premises  any  sidewalk  in  front  of  any  store, 
office  l)uilding  or  other  business  building  along,  any  paved  street 
in  the  city  of  Omaha  between  the  hours  of  8  o'clock  a.  m.  and  10 
o'clock  p.  m.,  and  any  person  so  sweeping  or  auhtorizing  or  allow^- 
ing  such  sweeping  of  any  such  sidewalk  between  said  hours  of 
8  o'clock  a.  m.  and  10  o'clock  p.  m.  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  exceeding  ten  ($10)  dollars;  Provided,  However,  that 
the  foregoing  provision  relating  to  sweeping  sidewalks  shall  not 
apply  to  sweeping  any  snow  which  maj^  fall  upon  or  acciimulate 
thereon. 

Littering  street. 

Section  25.  No  person  shall  throw,  cast,  lay  or  drop  on  any 
sidewalk  or  crossing  in  the  city  of  Omaha,  the  rind  or  peel  of  any 
orange,  banana,  apple  or  other  fruit;  any  person  violating  the 
above  provisions  of  this  section  shall  be  guilty  of  a  misdemeanor 
and  shall,  on  conviction  thereof,  be  fined  not  to  exceed  ten  ($10) 
dollars  for  each  offense. 

Warning  cards. 

Section  26.  Each  and  every  vendor  at  retail  of  oranges  and 
bananas  shall  keep  posted  in  a  conspicuous  place  on  his  fruit 
stand,   a  printed  card   which   shall  bear   the   inscription   in   large 


278  REVISED    ORUIXANCES. 

letters  the  following  in  substance:  "For  throwing  the  rind  or  peel 
of  bananas  or  other  fruit  on  sidewalks,  ten  (SIO)  dollars  fine," 
which  shall  bear  printed  iit  the  foot  thereof,  the  name  of  the  chief 
of  police.  Any  retail  vendor  of  oranges  and  bananas  who  refuses 
or  neglects  to  comply  with  said  provision  of  this  section,  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
liable  to  a  fine  of  ten  ($10)  dollars  for  each  offense;  Proinded,  such 
vendor  shall  have  been  supplied  with  said  card  by  the  chief  of 
]iolice,  or  any  policeman. 

It  is  hereby  made  the  duty  of  the  chief  of  police,  each  year, 
to  ]3rovide  such  vendors  with  such  printed  cards  at  the  expense 
of  the  citv,  which  shall  be  paid  as  an  expense  of  his  office  and  he 
shall  see  that  the  said  requirements  are  enforced. 

The  dimensions  of  said  cards  shall  not  be  less  than  12  by  12 
inclies. 

Fast  driving. 

Section  27.  If  any  person  or  persons  shall  furiously  or  im- 
moderately ride  or  drive  any  horse,  nmle  or  other  aninuil  or  animals, 
at  a  greater  speed  than  ordinar}-  travel  on  the  highway,  on  any 
street  or  avenue  in  the  city  of  Omaha,  such  person  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined 
in  any  sum  not  to  exceed  twenty  ($20)  dollars.  It  shall  be  the 
duty  of  the  chief  of  police  and  members  of  the  police  force  to 
arrest  forthwith  all  persons  violating  the  provisions  of  this  section. 

Horses  on  sidewalks. 

Section  28.  If  any  person  shall  ride  or  drive  any  horse, 
mule  or  other  animal  or  drive  any  vehicle  upon  any  sidewalk  in 
the  city  of  Omaha,  or  suffer  any  horse  or  other  animal  to  stand 
thereon,  such  person  shall  on  conviction  thereof,  be  fined  in  any 
sum  not  to  exceed  ten  (SIO)  dollars. 

Fire-arms,  fire-crackers  and  fire-works. 

Section  29.  If  any  person  shall  unnecessarily  discharge  any 
fire-arm,  or  shoot  off  any  fire-cracker,  or  other  fire-works,  or  shall 
U2;ht  or  throw  any  fire-ball  or  cracker  in  said  city,  without  the 
permission  of  the  mayor,  such  person  so  doing  shall,  on  conviction 
thereof,  be  fined  in  any  sum  not  exceeding  twenty  (S20)  dollars. 
The  city  council  may  by  resolution  suspend  the  operation  of  the 


REVISED    ORDINANCES.  279 

above  provision  of  this  section  on  the  fourth  of  July  or  any  other 
day  of  pubhc  rejoicing. 

Coasting. 

Section  30.  It  shall  be  unlawful  for  any  boy  or  boys,  person 
or  persons,  to  coast  or  slide  down  hill  with  any  sled,  sleigh,  coaster, 
traveler,  toboggan  or  other  like  conveyance  or  device  upon  any 
public  street,  sidewalk  or  alley  within  the  city  of  Omaha.  Any 
boy  or  other  person  violating  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  exceeding  tAvo  ($2)  dollars. 

Barbed  wire. 

Section  ol.  It  shall  be  unlawful  for  any  person,  corporation 
or  association  of  persons  to  erect,  or  cause  to  be  erected  or  to 
maintain  any  barbed  wire  fence  within  the  limits  of  the  city  of 
Omaha,  and  any  person,  corporation  or  association  of  persons 
so  erecting,  causing  to  be  erected  or  maintained  any  such  fence, 
shall  be  deemed  guilty  of  committing  a  nuisance,  and  on  con- 
viction thereof,  shall  be  fined  in  any  sum  not  exceeding  fifty 
(S50)  dollars. 

Taking  dirt  out  of  street. 

Section  32.  It  is  hereby  declared  unlawful  for  any  person  to 
remove,  disturb  or  take  away  from  any  street,  avenue,  alley  or 
public  ground  within  the  city  of  Omaha,  any  flirt,  earth,  stones 
or  other  material  forming  a  part  of  such  street,  avenue,  alley  or 
publi-,-  grounds  without  first  having  obtained  permission  so  to  do 
from  the  city  council  of  the  city  of  Omaha. 

When  such  permission  to  remove  or  take  away  from  any 
street,  avenue,  alley  or  public  ground  shall  be  given  to  any  person 
or  persons,  such  removal  or  taking  away  shall  be  under  the  general 
direction  or  supervision  of  the  street  commissioner  of  the  city 
of  Omaha.  Any  person  violating  any  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  exceeding  one  hundred  ($100)  dollars. 

Fastening  to  lamp  posts  or  hydrants— ^Attempt  to  break  lamps. 

Section  33.  It  shall  be  unlawful  for  any  person  or  persons 
to  hitch  or  fasten  any  horses  or  any  other  animal  to  any  lamp 
post  or  water  hydrant  in  the  city  of  Omaha,  or  to  throw  any  sub- 


280  RPJVISED    ORDINANCES. 

stance   or   anything   at  or   against   any  lamp   post   or  lanip   with 
intent  to  break  the  same. 

Any  persun  violating  any  provision  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be  fined 
not  to  exceed  fifty  (S50)  dollars  or  be  imprisoned  not  to  exceed 
ten  (10)  days,  or  both. 

Overhanging  branches. 

Section  31.  The  limljs  or  branches  of  any  tree  projecting  or 
extending  within  eight  feet  over  any  sidewalk  shall  be  and  hereby 
is  declared  a  nuisance.  -\ny  person,  whether  as  owner  or  occupier 
of  any  premises,  who  shall  permit  or  allow  the  limbs  or  branches 
of  any  tree  in  front  of  or  adjacent  to  such  premises,  to  project, 
extend,  or  descend  within  eight  feet  over  any  sidewalk,  upon  any 
street  or  avenue,  shall  be  deemed  guilty  of  permitting  and  main- 
taining a  nuisance,  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  exceeding  fifty  ($50)  dollars. 

Piling  material  on  the  streets — Excavating  lots. 

Section  35.  if  any  person  shall  place  or  leave  any  pile  of 
lumljer,  wood,  or  other  material  or  things,  upon  any  lot  in  the 
city  of  Omaha,  or  shall  excavate  any  lot  or  part  of  lot  contiguous 
to  any  sidewalk  and  shall  leave  the  same  open  and  exposed  in 
such  manner  as  to  endanger  the  safety  of  persons  passing  along 
any  street,  avenue,  alley  or  sidewalk,  such  person  shall  be  deemed 
guilty  of  conuuitting  a  nuisance,  and  on  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  fSlOO)  dollars. 

Defacing  buildings  and  trees. 

Section  36.  Any  person  who  shall  cut.  mark,  injure  or 
destroy  any  tree,  shrub,  grass  or  sward,  growing  upon  any  street, 
alley,  avenue,  boulevard,  or  upon  any  public  park,  parked  side- 
walk or  parked  street,  either  in  person  or  by  servants  or  employes, 
or  by  stock  owned  by  him  or  in  his  charge,  care  or  custody,  or 
who  shall,  either  in  person  or  by  agent,  servant  or  employe,  permit 
the  same  to  be  done  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  exceedmg  one 
hundred  ($100)  dollai's  for  each  and  every  offense.  Provided, 
that  the  provisions  of  this  section  shall  not  apply  to  any  person 
authorized  to  change  or  remove  any  such  tree,  shrub  or  grass  by 
a   permit   duly  issued  by  the  city  engineer.      Neither  shall  they 


REVISED    ORDINANCES.  281 

apply  to  any  person  improvinji  parks  and  boulevards  under  the 
direction  of  the  l)oard  of  park  cominissioners  of  Omaha. 

Animals  at  large. 

Sectiod  37.  Any  person  who  shall  permit  any  horse,  mule, 
cattle,  hogs,  goats,  sheep  or  other  domestic  anmial  (except  dogs) 
to  run  at  large  or,  by  reason  of  want  of  due  care,  to  break  from 
barn,  stable,  yard  or  other  inclosure  and  trespass  on  any  street, 
avenue,  alley,  boulevard,  park,  parkway  or  other  pubUc  ground 
shall  V)e  fined  in  any  sum  not  exceeding  twenty-five  ($25)  dollars. 

Obstructing  street. 

Section  38.  Any  person  who  shall  drive,  place  or  leave  any 
animal,  team  or  vehicle  on  or  across  any  sidewalk,  grass  plat  or 
parkway  (except  as  provided  by  the  city  engineer),  or  who  shall 
place  or  leave  any  vehicle  or  other  obstruction  in  or  upon  any 
public  street,  alley,  avenue  or  boulevard  shall  be  deemed  guilty 
of  a  misffemeanor.  and  upon  conviction  thereof  shall  be  fined  in 
a  sum  not  exceeding  fifty  ($50)  dollars. 

Nailing  signs. 

Section  39.  No  person  shall  cut,  injure,  mark,  deface,  or 
nail  any  sign  on  any  public  building,  tree  or  shrub  growing  upon 
any  street,  alley,  public  square  or  park,  under  a  penalt}^  of  not 
exceeding  one  hundred  ($100)  dollars  for  each  offense. 

Hand  bills. 

Section  40.  It  shall  be  unlawful  for  any  person  to  paste, 
post,  paint,  print,  or  nail  any  hand-bill,  sign,  poster,  advertisement 
or  notice  of  any  kind  on  any  curbstone,  flagstone,  or  any  portion 
or  part  of  any  sidewalk,  or  upon  any  tree,  fire  alarm  box,  police 
street  station,  or  any  of  the  other  appurtenances  or  machinery 
l^elonging  to  the  patrol  system  of  Omaha,  or  any  lamp  post,  electric 
liTht  post,  hitching  post,  telegraph  pole.,  telephone  pole,  hydrant, 
or  upon  any  private  wall,  door,  gate  or  fence,  (without  consent  of 
I'-c  owner,  agent  or  manager  of  the  premises  so  to  do)  and  any 
person  guilty  of  the  violation  of  any  provision  of  this  section 
shall  upon  conviction  be  fined  in  a  sum  not  less  than,  three.  ($3) 
dollars  nor  more  than  fifty  ($50)  dollars  for  each  and  every  offense. 


282  REVISED    ORDINANCES. 

Injuring  fences,  lamp  posts,  etc. 

Section  41.  It  shall  be  unlawful  for  any  person  to  purposely 
mar.  injure,  deface,  remove  or  destroy  any  fence,  gate,  lamp  post 
or  sign  board  or  awning  in  an}^  street  or  public  place  or  in  front 
of  au}^  private  premises  within  the  city  under  a  penalty  of  not 
exceeding  one  hundred  ($100)  dollars  for  each  offense. 

Tearing  down  advertisements. 

Section  -12.  Any  person  who  shall  wrongfully  and  mali- 
ciously tear  down,  deface  or  cover  up  any  posted  advertisement, 
or  bill  of  any  person,  firm  or  corporation,  when  the  same  is  right- 
fully and  lawfully  posted  or  put  up,  shall  upon  conviction  thereof, 
be  fined  not  exceeding  twenty-five  ($25)  dollars. 

Weight  of  Bread. 

Section  43.  The  weight  of  bread  exposed  or  offered  for  sale 
in  the  city  of  Omaha  is  hereby  prescribed  as  follows:  A  single 
loaf  of  bread  shall  weigh  when  baked  sixteen  (16)  ounces;  a  full 
-or  double  loaf  of  bread  shall  weigh  when  baked  thirty-two  (32) 
ounces.  Any  person  or  persons  exposing  or  offering  for  sale  or 
making  sale  of  any  single  loaf  of  bread  weighing  when  baked  less 
than  sixteen  (16)  ounces,  or  exposing  or  offering  for  sale  any  full 
or  double  loaf  of  bread  weighing  less  than  thirty-two  (32)  ounces 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  exceeding  ten  dollars  ($10) 
for  each  offense. 

Obstructing  gutters. 

Section  44.  No  person  shall  stop  or  obstruct  the  passage  of 
water  in-  any  street,  gutter,  or  pubhc  sewer,  culvert,  water  pipe 
or  hydrant  laid  or  placed  by  the  city,  under  the  penalty  of  not 
exceeding  fifty  ($50)  dollars  for  each  offense. 

Cutting  and  removing  sod. 

Section  45.  No  person  shall  dip,  cut  or  remove  any  sod  from 
any  street  or  other  public  place  within  the  city  without  a  permit 
■or  authority  from  the  city,  nor  from  any  premises  not  his  own, 
without  the  consent  of  the  owner  of  agent  thereof,  under  a  penalty 
of  not  exceeding  one  hundred  ($100)  dollars  for  each  offense. 


REVISED    ORDINANCES.  283 

Trespassing. 

Section  46.  It  shall  be  unlawful  for  any  person  to  trespass 
upon  any  ]iii\-ate  grounds  within  the  city  of  Omaha,  or  to  break, 
cut  or  injure  any  tree,  shrub,  plant,  flower  or  grass  growing  thereon, 
or  without  the  consent  of  the  owner  or  occupant  to  enter  upon 
any  improved  lot  or  grounds  occupied  for  residence  purposes, 
whether  enclosed  or  unenclosed,  and  to  lounge  about  the  same, 
or  lie  down  thereon.  Any  person  violating  any  provision  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  fifty  ($50)  dollars,  or 
imprisoned  not  exceeding  ten  (10)  days. 

Houses  of  prostitution. 

Section  47.  No  bawdy  house,  house  of  ill-fame,  house  of 
assignation,  or  place  for  the  practice  of  fornication  or  adultery, 
dance  house,  opium  joint,  or  common,  ill-governed  or  disorderlv 
house,  shall  be  kept  or  maintained  within  this  city,  and  everv 
person  who  shall  keep  any  such  house,  or  shall  be  an  inmate  of, 
or  in  any  way  connected  with  any  such  house,  or  shall  contribute 
to  its  support,  and  every  person  who  shall  permit  any  tenement, 
building  or  premises  in  his  possession  or  under  his  control  to  be 
used  for  such  purpose,  and  every  person  who  shall  permit  any 
building  or  tenement  which  shall  be  used  or  occupied  for  anv 
such  purpose  to  stand  upon  any  lot  or  parcel  of  ground  within 
said  city,  owned,  held,  possessed  or  controlled  by  him  either  as 
agent  of  the  owner  or  otherwise,  when  within  his  power  to  prevent, 
shall  be  deemed  gulity  of  a  misdemeanor,  and  upon  conviction 
thereof  be  fined  in  a  sum  not  less  than  five  ($5)  dollars  nor  more 
than  one  hundred  ($100)  dollars  for  each  offense,  or  be  imprisoned 
not  exceeding  thirty  (30)  days,  or  shall  be  both  fined  and  im- 
prisoned, in  the  discretion  of  the  court. 

Neither  the  chief  of  poHce,  his  deputies  or  any  member  of 
the  pohce  force  shall  collect  any  fines  or  penalties  under  this 
section,  and  any  violation  of  this  provision  shall  be  deemed  a 
misdemeanor,  punishable  by  dismissal. 

If  at  any  time  after  such  conviction,  as  above  provided,  the 
the  mayor  and  council  shall  order  the  suppression  of  any  house 
of  prostitution  or  disorderly  house,  owned,  kept  or  maintained  by 
any  person  or  persons  so  convicted,  it  shall  be  the  duty  of  the  chief 
of  police  to  at  once  notify  such  person  or  persons  to  vacate  or 
close  such  place  or  house  and  such   person  or  persons  shall  be 


284  REVISED    ORDINANCES. 

subject  to  a  fine  not  exceedins;  one  hundred  ($100)  dollars  for 
every  twenty-four  hours  said  house  or  place  shall  be  by  them 
so  kept  or  maintained  thereafter,  and  such  person  or  persons  shall 
also  be  imprisoned  not  less  than  five  (5)  nor  more  than  thirty 
(80)  days  for  ever}'  such  offense. 

Disorderly  house. 

Section  48.  Any  person  or  association  of  persons  who  shall 
permit  in  his  her  or  their  house,  out-house,  yard,  or  other  premises 
under  his,  her  or  their  control,  any  gambling  with  cards,  dice 
or  other  implements  or  devices  used  in  gambling,  or  who  shall 
permit  any  loud  or  unusual  noises  therein,  or  shall  suffer  or  per- 
mit any  person  or  persons  to  fight  or  threaten  to  fight  in  such 
premises,  shall  be  deemed  guilty  of  keeping  a  disorderly  house, 
and  on  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
five  dollars  (S5)  or  exceeding  two  hundred  dollars  ($200). 

Keeping  gambling  house — Betting  on  games. 

Section  49.  Any  person  or  persons  who  shall  keep  a  house 
or  room  for  the  p\irpose  of  gambling  therein,  or  who  shall  suffer 
or  permit  other  persons  to  come  'herefor,  or  to  frequent  or  come 
together  for  the  purpose  of  gambling,  and  every  person  who  in 
any  public  place  shall  play  for  money,  or  shall  bet  at  faro,  keno, 
or  any  other  game,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding 
one  hundred  ($100)  dollars,  or  be  imprisoned  not  exceeding  thirty 
(30)  days,  or  shall  be  both  fined  and  imprisoned  in  the  discretion 
of  the  court. 

Gambling. 

Section  50.  Any  person  or  association  of  persons  who  shall 
set  up,  have  or  keep  any  keno  table,  faro  bank,  shuffle  board, 
bagatelle,  playing  cards  or  other  instrument,  device  or  thing 
wdiatever,  whereon  or  with  which  any  money  shall  in  any  manner 
be  played  for;  or  any  person  who  shall  play  for  'money  at  any  game 
with  cards,  dice  or  with  any  articles,  device  or  thing  whatever, 
which  may  be  used  for  the  purpose  of  playing  or  betting  upon, 
or  winning  or  loshig  money,  or  shall  bet  on  any  game  others  may 
be  playing,  shall  upon  conviction  thereof,  be 'fined  in  the' sum  not 
exceeding  one  hundred  ($100)  dollars,or  be  imprisoned  not  fex- 


REVISED    ORDINANCES.  285 

ceeding  thirty  (30)   days,  or  shall  be  both  fined  and  imprisoned, 
in  the  discretion  o£  the  court. 

Opium  joint. 

Section  51 .  It  is  hereby  declared  unlawful  for  any  person 
or  persons,  company  or  corporation  within  the  incorporate  limits 
of  the  city  of  Omaha  to  keep  an  opium  joint  or  den  or  other  place 
for  the  use  and  consumption  of  opium  in  any  form,  or  to 
furnish  or  provide  or  permit  to  be  furnished  or  provided,  w'ith 
or  without  pay  therefor,  any  pipe  or  other  utensil  of  whatsoever 
nature  for  smoking  opium  in  any  form.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall,  for  each  offense, 
be  fined  in  any  sum  not  less  than  five  (^5)  dollars  or  more  than 
one  hundred  ($100)  dollars,  or  imprisoned  not  exceeding  three 
(3)    months,   or  both   fined  and  imprisoned. 

Smoking  in  opium  joint. 

Section  52.  It  is  hereby  declared  unlawful  for  any  perstin 
to  become  an  inmate  of  any  opium  joint  or  den,  or  to  smoke  or 
use  opium  in  any  form  in  any  opium  joint,  den  or  other  place 
where  the  smoking  or  use  of  opium  is  in  any  form  carried  on  or 
permitted  to  be  carried  on,  cither  v\ith  or  without  pay  therefor. 
Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  .guilty  of  a  misdemeanor,  and  upon  conviction  thereof y 
shall  for  each  offense,  l>c  fined  in  any  sum  not  less  than  five  ($5) 
d('l!;trs,  nor  more  th.m  one  hundred  ($100)  dollars,  or  imprisoned 
not  exceeding  three  (3)    months,   or  both   fined   and  imprisoned. 

Lottery. 

Section  53.  No  person  shall  within  the  corporate  Hmits  of 
the  city  of  Omaha  open,  set  on  foot,  carry  on,  promote  or  draw, 
jjublicly  or  privately,  any  lottery,  gift  enterprise,  game  or  device 
of  chance,  of  any  nature  or  kind  whatsosver,  or  by  whatever  name 
it  may  be  called,  for  the  purpose  of  exposing,  setting  to  sale,  or  dis- 
])Osing  of  any  house  or  houses,  lot  or  lots,  lands,  tenements  or 
real  estate,  or  any  money,  goods,  or  things  inaction.  Any  i)erson 
violating  any  of  the  provisions  of  this  section  sludl,  on  conviction, 
be  fined  not  less  than  ten  (SIO)  dollars  or  exceeding  one  huii(h-(>(l 
($100)  dollars,  or  be  imprisoned  foi-  a  tei'm  not  excecMling  thirty 
(30)  days. 


2S6  REVISED    ORDINANCES. 

Advertising  lotteries. 

Section  54,  No  person  shall  within  tho  corporate  limits  of 
the  city  of  Omaha  by  printing,  writing  or  in  any  way  publish,  or 
assist  in  publishing  an  account  of  any  such  lottery,  gift  enterprise, 
game  or  device,  stating  where  or  when  the  same  is  to  be  drawn,  or 
the  prizes  therein,  or  any  of  them,  or  the  price  of  a  ticket  or  share 
therein,  or  where  any  ticket  may  be  obtained  therein.  Any  per- 
son violating  the  provisions  of  this  section  shall  on  conviction, 
be  fined  in  any  sum  not  exceeding  one  hundred  (SlOO)  dollars. 

Tainting  the  air. 

Section  55.  It  shall  be  unlawful  for  any  person  or  persons, 
firm,  company  or  corporation  within  the  corporate  limits  of  the 
city  of  Omaha,  or  within  the  distance  of  three  miles  from  the  cor- 
porate limits  of  said  city,  to  permit  any  factory,  tannery,  dis- 
tillery, livery  stable,  cattle  or  hog  yard,  or  any  shed,  barn,  packing 
house,  or  slaughter  house,  to  become  nauseous,  foul,  or  offensive; 
or  to  so  carry  on  tho  business  of  slaughtering  or  feeding  animals, 
or  rendering  any  animal  matter,  or  manufacturing  the  same  into 
soap,  or  fertilizing  materials,  or  changing  the  form- thereof  in  any 
manner  by  the  use  of  heat,  steam,  fire,  chemicals,  or  otherwise, 
so  as  to  taint  the  air  or  render  it  unwholesome  or  offensive  to  the 
smell.  Any  person,  firm,  company  or  corporation,  violating  smy 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a  nuisance 
and  on  conviction  there  of,  shall  be  fined  in  any  sum  not  less  than 
ten  ($10)  dollars  and  not  exceeding  one  hundred  ($100)  dollars, 
or  shall  be  imprisoned  not  exceeding  thirty  (30)  days,  and  each 
and  every  day  such  nuisance  shall  be  continued  after  notice  to 
aV)ate  or  discontinue  the  same,  shall  be  deemed  and  taken  to  be 
separate  and  distinct  offences,  and  if  any  such  nuisance  is  not 
abated  and  removed  within  five  days  after  the  giving  of  such 
notice,  it  shall  be  and  hereby  is  made  the  duty  of  the  chief  of 
police  to  cause  such  nuisance  to  be  abated  and  removed,  and  the 
cost  and  expense  of  so  doing  shall  be  chargeable  against  the  property 
upon  which  such  nuisance  existed,  and  shall  be  assessed  against 
the  same  and  become  a  lien  thereon.  The  agent  of  any  person, 
firm,  corporation  or  company  who  shall  have  the  management, 
care  or  rental  of  an}'  property,  upon  which  any  such  nuisance 
shall  exist,  as  well  as  his  principal  and  all  others  causing  or  per- 
mitting such  nuisance,  shall  be  deemed  and  considered  as  causing 


REVISED    ORDINANCES.  287 

any  nuisance  shown  to  exist,  after  notification  to  abate  or  remove 
the  same. 

Slaughter  houses. 

Section  56.  It  is  hereby  declared  unlawful  to  carry  on  the 
business  of  slaughtering  animals,  or  of  operating  a  slaughter 
house  or  packing  house  in  any  of  that  part  of  the  city  of 
Omaha  included  within  the  corporate  limits  of  said  city  as  the  same 
existed  in  the  j^ear  A.  D.  1886,  and  any  such  acts,  business  or 
occupation  within  said  limits  is  hereby  declared  to  be  a  nuisance. 
Any  one  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  on  conviction  thereof,  shall 
be  fined  in  any  sum  not  exceeding  one  hundred  ($100)  dollars, 
or  imprisoned  for  a  term  not  exceeding  thirty  (30)  days,  and  may 
be  both  fined  and  imprisoned,  and  the  nuisance  shall  be  abated 
as  provided  in  the  foregoing  section  and  every  day  the  nuisance 
shall  continue  shall  be  deemed  a  separate  and  distinct  offense. 

Slaughter  houses — Stables,  etc. — Permits. 

Section  57.  It  is  hereby  declared  unlawful  for  any  person 
or  persons,  company  or  corporation  to  erect  or  construct,  wdthin 
the  corporate  limits  of  the  city  of  Omaha,  any  building  for  the 
purpose  of  being  used  as  a  slaughter  house,  rendering  establish- 
ment, soap  factory,  candle  factory,  livery  stable  or  stables  for  board- 
ing horses,  or  to  carry  on  any  such  business  in  any  building  now- 
erected,  unless  the  same  shall  be  in  actual  operation  at  the  time 
of  the  passage  of  this  ordinance,  without  a  permit  from  the  city 
council. 

Protest  against  permit. 

Section  58.  The  city  council  shall  not  grant  a  permit  for 
the  erection  or  carrying  on  of  either  or  any  of  the  above  mentioned 
establishments  or  vocations,  in  any  block  in  the  city  of  Omaha, 
when  a  majority  of  the  owners  of  the  lots  composing  any  such 
block  shall  protest  in  writing  against  the  erection,  establishment 
or  carrying  on  of  the  same  therein.  Any  person  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  having 
committed  a  nuisance,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  five  ($5)  dollars  or  more  than  one  hundred  (SI  00) 
dollars,    and   each    day   such   nuisance   shall   be    continued,    after 


288  REVISED    ORDINANCES. 

notice  to  abate  the  same,  shall  be  held  to  be  a  separate    and    dis- 
tinct   offense. 

Buildings  in  streets  or  alleys. 

Section  59.  Any  house,  barn  or  shed,  building  or  obstruc- 
tion of  any  kind  whatsoever,  standing  in  whole  or  in  part  on  any 
street  or  alley  of  the  city  of  Omaha,  is  hereby  declared  a  nuisance. 

Penalty. 

Section  60.  Any  person  causing  or  permitting  the  same 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof, 
be  fined  not  less  than  five  (So)  dollars,  nor  more  than  fifty  (S^O) 
dollars  for  every  such  offence,  and  shall  be  prosecuted  therefor 
each  and  every  day  they  suffer  or  permit  the  same  to  remain, 
and  the  chief  of  police  is  authorized  and  required  to  abate  or  remove 
the  same. 

Offensive  matter  cast  into  streets  or  alleys. 

Section  61.  If  any  person  or  persons  shall  cast  or  leave 
exposed  in  any  street,  avenue,  highway,  alley,  lot,  puV)lic  ground 
or  water  course,  within  the  city  of  Omaha,  the  carcass  of  any 
dead  animal  or  any  unsound  meat,  fish  or  other  substance,  or 
permit  the  same  to  be  done  with  their  consent,  or  shall  make, 
use,  keep  or  permit  in  his,  her  or  their  dwelling  house,  ship,  store, 
factory,  outhouse,  cellar,  yard,  lot  or  any  other  place  within  said 
city,  any  noisome  or  offensive  licjuid  or  substance,  prejudicial 
to  the  health  of  the  citizens,  or  as  to  cause  annoyance  to  any 
person  or  persons,  or  shall  throw  any  filth,  offal,  or  other  offensive 
matter  into  any  street,  avenue,  highway,  public  ground,  alley, 
lot  or  water  course  in  said  city,  or  shall  permit  or  cause  the  same 
to  run  into  any  such  street,  avenue,  highway,  public  ground, 
alley,  lot  or  water  course,  such  person  or  persons  shall  be  deemed 
guilty  of  committing  a  nuisance,  and,  on  conviction  thereof,  shall 
be  fined  in  any  sum  not  exceeding  twenty  ($20)  dollars,  for  every 
such  offense  and  shall  be  subject  to  a  like  penalty  for  each  and 
every  day  the  same  is  permitted  to  remain  in  such  place  after  such 
person  shall  have  been  notified  to  remove  the  same  or  shall  haA^e 
been  convicted  of  committing  the  same. 


REVISED    ORDINANCES.  289 


Privies. 


Section  62.  Every  privy,  privy  vault,  commode,  cess  pool, 
or  water  closet  or  any  other  receptacle  whatsoever  of  human 
excrement  within  the  limits  of  the  city  of  Omaha,  which  shall 
be  found  to  be  in  an  overflowing,  leaking,  full,  filthy,  stinking, 
insecure,  or  defective  condition,  or  in  any  other  state  or  condition 
which  is  dangerous  or  detrimental  to  the  public  health:  or  any 
privy,  privy  vault,  commode,  cess  pool,  or  water  closet,  which  is 
not  built  or  constructed  in  accordance  with  the  provisions  of  the 
ordinances  of  this  city,  shall  be  deemed  a  nuisance. 

Privies. 

Section  03.  Every  water  closet  or  privy  constructed  and 
used  in  any  dwelling  house  or  building  within  the  limits  of  the 
city  of  Omaha,  and  not  connected  with  some  public,  district  or 
private  sewer  where  such  sewer  is  on  the  street  or  alley  adjoining 
the  ground  on  which  said  dwelling  house  or  building  is  erected, 
shall  be  deemed  a  nuisance. 

Leakage — Seepage. 

Section  (U.  Whenever  any  cellar,  l^asement,  or  part  thereof, 
of  any  tenement  house  or  building  within  the  limits  of  the  city 
of  Qniaha,  shall  be  found  to  be  damp  or  moist  by  reason  of  leaking 
or  defective  hydrants,  Avater-pipes,  sewer-pipes,  cisterns  or  wells, 
gutters,  drains,  rain-spouts  or  seepage  from  the  surrounding  earth, 
then  such  leakage,  seepage  or  moisture  shall  be  deemed  a  nuisance. 

Unhealthy  tenements. 

Section  65.  Elvery  tenement  house,  boarding  house,  lodging 
house,  or  any  building  used  for  such  purpose,  within  the  limits 
of  the  city  of  Omaha,  which  shall  be  leased,  let  or  rented  to  be 
occupied  by  any  person  or  ])ersons  in  which  to  dwell  or  lodge, 
and  which  tenement  house,  boarding  house,  lodging  house  or 
building,  or  any  part  thereof,  is  not  sufficiently  lighted  or  ventil- 
ated and  provided  with  water  and  kept  in  a  cleanly  and  sani- 
tary condition,  or  which  or  any  part  Avhereof,  the  strength, 
ventilation,  light  or  sewerage  is  in  any  manner,  shape  or  form 
dangerous,  insufficient  or  pi-cjudicial  to  life  or  health,  or  which 
•shall  not  be  provided  with  adeqiiate  and  properly  constructed 
privies  or  water  closets,  shall  be  a  nuisance. 


290  REVISED    ORDINANtJES. 

Stagnant  water. 

Section  66.  Any  lot  or  piece  of  ground  within  the  limits  of 
the  city  of  Omaha,  on  which  there  is  a  pond  or  pool  of  unwhole- 
some, impure  or  offensive  v,ater,  shall  be  deemed  a  nuisance. 

Penalty. 

Section  67.  Any  person  who  shall  cause  or  maintain  any 
nuisance,  or  who  shall  violate  or  refuse  to  comply  with  any  of 
the  provisions  of  the  last  five  i)receding  sections,  or  who  shall 
violate  or  refuse  to  comply  with  any  provision  of  any  ordinance 
of  the  city  of  Omaha,  relating  to  nuisances,  shall  be  fined  not 
exceeding  one  hundred  (SI 00)  dollars  or  imprisoned  not  exceeding 
thirty  (30)  days,  or  be  both  fined  and  imprisoned  in  the  discretion 
of  the  court. 

Smokestacks. 

Section  68.  The  emission  of  dense  smoke  from  smoke-stacks 
or  chimneys  of  buildings  within  the  corporate  limits  of  this  city 
shall  be  deemed  and  is  hereby  declared  to  a  be  public  nuisance; 
Provided,  that  this  section  shall  not  be  deemed  to  apply  (to 
buildings  used  exclusively  for  private  residences. 

Owner  prevent  smoke. 

Section  69.  The  propi'ietor,  owner,  lessee  or  occupant  of  any 
building  who  shall,  after  the  expiration  of  ninety  days  from  the 
passage  of  this  ordinance,  permit  or  allow  dense  smoke  to  issue 
or  be  emitted  from  smokestacks  or  chimneys  of  any  building  as 
in  Section  68  set  forth,  shall  be  deemed  guilty  of  creating  or  main- 
taining a  nuisance,  and  shall,  upon  conviction  of  such  offense,  be 
fined  a  sum  not  less  than  five  ($5)  dollars  nor  more  than  fifty 
($50)  dollars  for  the  first  offense;  and  upon  conviction  of  the 
second  offense,  shall  be  fined  in  a  sum  not  less  than  fifty  ($50) 
dollars  nor  more  than  one  hundred  (SlOO)  dollars,  and  for  each 
subsequent  violation  shall  be  fined  in  the  sum  of  one  hundred 
($100)  dollars. 

Inspector,  building. 

Section  70.  It  shall  be  the  duty  of  the  inspector  of  buildings 
to  inspect  and  see  to  the  enforcement  of  Sections  68  and  69  of 
this   chapter,    and   he   shall   file   information   in   the   police   court 


REVISED    ORDINANCES.  291 

against  any  and  all  persons  creating  and  maintaining  a  nuisance 
as  in  said  Sections  68  and  69  set  forth. 

Barricades,  removal  of. 

Section  71.  It  shall  be  unlawful  for  any  person,  without 
authority  from  the  city  of  Omaha,  to  remove,  displace  or  in  any 
manner  disturb  any  protection,  fence  or  barricade  placed  upon, 
along  or  across  any  public  street,  alle}'  or  sidewalk  of  the  city 
by  the  city  or  its  agents,  officers,  employes  or  contractors  engaged 
in  doing  public  work  or  improvements  vipon  the  streets,  alleys 
or  sidewalks  of  the  city,  for  the  purpose  of  guarding,  protecting 
and  prohibiting  the  public  from  traveling  or  entering  upon  portions 
of  the  streets,  alleys  or  sidewalks  of  the  city  while  the  same  are 
being  improved  or  repaired. 

Section  72.  Any  person  violating  any  of  the  provisions  of 
the  preceding  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  shall,  upon  conviction,  be  fined  not  less  than  five  ($5)  dollars 
nor  more  than  ten  ($10)  dollars. 

Refuse  in  street. 

Section  73.  It  shall  be  unlawful  for  any  person  to  put, 
throw,  sweep,  drop  or  place  or  cause  to  be  thrown,  swept,  dropped 
or  placed,  any  glass,  crockery,  nails,  tacks,  wires,  iron,  steel,  tin, 
zinc,  copper  or  other  metal,  or  any  sharp  piece  of  stone,  wood  or 
other  material  in  or  upon  any  of  the  streets,  avenues,  boulevards 
or  alleys  in  the  city  of  Omaha;  and  any  person  so  offending  shall 
be  deemed  guilty  of  a  misdemeanor,  and  shall  upon  conviction 
be  fined  any  sum  not  less  than  five  ($5)  dollars  nor  more  than  one 
hundred  (SlOO)  dollars,  and  upon  conviction  of  a  second  or  any 
subsequent  offense,  be  fined  as  herein  provided,  and  in  addition 
thereto  be  imprisoned  in  the  county  jail  not  less  than  one  day 
nor  more  than  thirty  days. 

Owners  keep  premises  clean — Penalty. 

Section  74.  It  shall  be  unlawful  for  any  person  owning  or 
occupying  real  estate  in  the  city  of  Omaha  to  i)ermit,  leave  or 
allow  any  glass,  crockery,  nails,  tacks,  wire,  iron,  steel,  tin  or 
zinc,  copper  or  other  metal,  or  any  sharp  piece  of  stone,  wood  or 
other  material  to  be  left  or  remain  in  or  on  tliat  part  of  any  street, 
avenue,  boulevard  or  alley  between  the  center  line  thereof  and 


292  REVISED    ORDINANCES. 

the  real  estate  abutting  so  owned  or  occupied,  after  having  notice 
of  said  substance  being  in  or  on  that  part  of  said  street,  avenue, 
boulevard  or  alley,  and  any  person  having  such  notice  and  failing 
to  remove  or  cause  to  be  removed  said  substance  within  two 
hours  after  having  notice  thereof,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  one  ($1)  dollar,  nor  more  than  ten  ($10)  dollars. 
It  shall  be  the  duty  of  the  police  officers  of  the  city  to  see  that  the 
streets,  avenues,  boulevards  and  alleys  arc  kept  free  of  all  said 
substances  and  to  notify  the  owners  or  occupants  of  real  estate 
abutting  upon  the  streets,  avenues,  boulevards  and  alleys  in  or  on 
which  the  articles  or  substances  herein  enumerated  are  found,,  and 
if  the  person  refuses  to  comply  with  said  notice  to  cause  a  warrant 
to  be  issued  for  the  person  so  offending. 

Throwing  missiles. 

Section  75.  It  is  hereby  declared  unlawful  for  any  person 
at  the  time  of  any  ])arade,  march  or  carnival,  or  at  any  other 
time,  in  the  city  of  Omaha,  to  throw,  snap,  or  in  any  manner 
cast  at,  toward  or  upon  any  person  or  persons,  or  to  throw,  sua]:) 
or  cast  upon  any  sidewalk,  street,  alley,  public  grounds  or  carnival 
grounds  any  return  rubber  ball,  bladder  or  other  like  contrivances, 
or  any  rice,  sand,  gravel,  charcoal,  flour  or  other  like  substances, 
except  the  same  is  done  in  such  a  manner  as  not  to  injui-e  or  un- 
necessarily annoy  any  person  or  cause  any  disturbance  of  the  peace. 

Any  person  violating  any  of  the  ])rovisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction, 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars  ($50),  or 
imprisoned  not  exceeding  ten  (10)  days. 

Menacing  threats. 

Section  76.  It  is  hereby  declared  unlawful  for  any  person 
within  the  incorporate  limits  of  the  city  of  Omaha  to  unlawfully 
assault  or  threaten  another  in  a  menacing  manner  or  to  unlaw- 
fully strike  or  injure  another,  and  any  jierson  who  shall  unlawfully 
assault  or  threaten  another  in  a  menacing  manner  within  the 
city  of  Omaha  or  shall  unlawfully  strike  or  injure  another  within 
said  city  shall  l)e  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  exceeding  the  sum  of  one  hundred 
($100)  dollars,  or  imprisoned  in  jail  not  exceeding  thirty  (30)  days, 
or  shall  be  both  fined  and  imprisoned,  in  the  discretion  of  the  court. 


REVISED    ORniNANCES,  293 


Larceny. 


Section  77.  It  is  hereby  declared  unlawful  for  any  person 
within  the  incorporate  limits  of  the  city  of  Omaha  to  steal  property 
of  any  kind  whateyer  and  any  person  who  shall  within  said  city 
steal  any  money  or  goods  or  chattels  of  any  kind  whatever,  whether 
the  same  be  wholly  money  or  wholly  in  other  property,  or  partly 
in  money  and  partly  in  other  property,  of  the  yalue  of  less  than 
thirty-fiye  dollars  ($35),  shall  be  deemed  and  considered  a  thief 
and  upon  conyiction  shall  be  fined  not  exceeding  one  hundred 
dollars  (SlOO)  or  imprisoned  not  exceeding  thirty  (30)  days,  or 
both  fined  and  imprisoned,  in  the  discretion  of  the  court. 

Sunday — Closing  stores. 

Section  78.  It  is  hereby  declared  unlawful  for  any  person, 
companj^,  corporation  or  firm  engaged  in  the  business  of  retail 
grocers,  or  in  the  business  of  retail  butchers  or  meat  dealers  in 
the  city  of  Omaha  to  keep  open  their  place  of  business  on  the 
first  day  of  the  week,  commonly  called  Sunday,  except  prior  to 
10  o'clock  a.  m.  on  Sundays,  from  April  1  to  October  1  of  each 
year,  and  it  is  hereby  declared  unlawful  for  any  such  person, 
company,  corporation  or  firm  to  sell  or  offer  for  sale  on  said  first 
day  of  the  week,  commonly  called  Sunday,  except  prior  to  10  o'clock 
a.  m.  on  Sundays  from  April  1  to  October  1  of  each  year,  any 
merchandise  of  any  kind  commonly  kept  or  offered  for  sale  at 
retail  grocery  stores,  or  to  sell  or  offer  for  sale  any  meats  or  other 
products  commonly  kept  or  offered  for  sale  at  retail  meat  stores 
or  meat  markets. 

Penalty. 

Section  79.  Any  person  yiolating  any  provision ;  of  the 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conyiction  thereof  shall  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars  (SlOO),  or  less  than  five  dollars  ($5). 

Posting  signs  without  permission. 

Section  <S0.  It  is  hereby  declared  'unlawful  for  any  person, 
firm  or  corpomtion  to  post,  paste  oi*  paint,  of  to  authorize,  permit 
Or  emplby  any  nt'^fer  person  tO  post-,  paste  or  paint  any  sign;  adver- 
tisement or  V  rnT  of  any  nature  or  description  on  any  side-\vhlk, 
curb  or  pave    e      in  the  city  of  Omaha,  or  on  any  fence  or  building 


294  REVISED    ORDINANCES. 

in  said  city  without  permission  of  the  owner  of  such  fence  or 
building.  Any  person  violating  any  provision  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  exceeding  one  hundred  ($100)  dollars. 

Dumping  ashes. 

Section  81.  It  shall  be  unlawful  for  any  person  to  dump  or 
deposit,  or  permit  or  authorize  the  dumping  or  depositing  of 
ashes  in  any  wooden  box,  barrel  or  other  receptacle  of  an  inflam- 
mable character,  or  against  or  near  any  wooden  structure,  building 
or  other  combustible  thing  within  the  fire  limits  of  the  city  of 
Omaha.  And  it  is  hereby  made  the  duty  of  the  occupants  of  all 
premises  to  dump  ashes  only  at  some  proper  and  lawful  place 
sufficiently  remote  from  any  building,  structure  or  inflammable 
material  as  not  to  cause  fire  thereto,  or  to  dump  such  ashes  into 
a  galvanized  iron  or  other  non-combustible  receptacle  provided 
for  that  purpose.  Any  person  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  in  any  sum  not  exceeding  twenty 
dollars  (S20). 

Obstructing  or  removing  sidewalk. 

Section  82.  Any  person  w^ho  shall  obstruct  any  sidewalk 
outside  of  the  limit  of  four  feet  from  the  line  of  any  lot,  ground 
or  premises,  lying  upon  any  street,  avenue,  alley  or  public  ground, 
by  making  show  or  exhibit  of  any  goods,  merchandise,  article  or 
thing  thereon,  or  by  placing,  putting  or  using  anything  thereon 
or  over  any  sidewalks,  or  permitting  anything  to  be  and  remain 
thereon  or  over  any  sidewalk  in  front  of  his  or  their  premises  or 
place  of  business  in  such  a  manner  as  to  obstruct  or  interfere 
with  the  free  use  thereof  by  the  public,  unless  each  and  every  part 
of  the  same  shall  be  not  less  than  seven  feet  above  the  center 
grade  of  the  sidewalk  or  other  public  ground  at  that  point.  Or 
whoever  shall  tear  up,  remove,  displace,  injure  or  carry  away, 
any  sidewalk  or  any  part  thereof,  except  as  lawfully  provided 
by  ordinance,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  any  sum  not  exceeding  one  hundred 
($100)  dollars,  or  be  imprisoned  not  to  exceed  ninety  (00)  days, 
or  shall  be  both  fined  and  imprisoned  in  the  discretion  of  the 
court. 


REVISED    ORDINANCES.  295 

Fire  crackers. 

Section  S3.  It  is  hereby  declared  unlawful  to  sell,  offer  or 
expose  for  sale  within  the  corporate  limits  of  the  city  of  Omaha 
any  so-called  giant  fire  craclcers  or  other  large  fire  crackers  exceed- 
ing three  inches  in  length,  and  it  is  hereby  further  declared  to 
be  unlawful  to  fire,  discharge  or  explode  any  giant  fire  cracker 
or  other  large  fire  cracker  exceeding  three  inches  in  length  upon 
any  street,  sidewalk,  avenue  or  public  grounds  within  the  corporate 
limits  of  the  city  of  Omaha. 

Blank  shells. 

Section  84.  It  is  hereby  declared  unlawful  to  slioot.  fire  or 
discharge  any  pistol,  revolver,  gun  or  other  fire  arm,  whether 
loaded  with  blank  cartridges  or  blank  shells  or  otherwise  loaded, 
upon  any  street,  sidewalk,  alley,  avenue  or  public  grounds  within 
the  corporate  limits  of  the  city  of  Omaha;  Provided,  however, 
the  mayor  in  his  discretion  may  grant  a  special  permit  to  the 
participants  or  marchers  in  any  parade  along  or  upon  tlie  public 
streets  or  avenues  to  fire  or  discharge  any  such  fire  arms  which  have 
been  loaded  with  blank  cartridges  or  blank  shells  specially  provided 
by  the  managers  of  such  parade,  the  same  to  be  fired  only  in  such 
manner  and  under  such  regulations  as  may  be  determined  by  such 
manager,  to  be  approved  by  the  mayor. 

Peinalty. 

Section  85.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  the  two  last  preceding  sections  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in 
any  sum  not  less  than  two  dollars  ($2),  or  exceeding  one  lumdred 
dollars  (SlOO). 

Ball  playing  on  street. 

Section  86.  It  shall  be  unlawful  for  any  person  or  persons 
to  play  at  any  game  of  ball,  or  to  engage  in  the  sport  or  pastime 
of  pitching,  casting  or  throwing  ball  on  any  of  the  streets  of  the 
city  within  the  corporate  limits  of  the  same. 

Penalty. 

Section  87.  Any  person  or  persons  violating  any  provision 
of  the  last  preceding  section  shall  be  fined  not  less  than  one  ($1) 
dollar,  nor  more  than  twenty-five  ($25)  dollars  for  each  offense. 


296  .  REVISED    ORPIXA.NCES. 

Bagatelle  Tables — License  required. 

Section  SS.  It  shall  be  unlawful  for  any  person  or  persons 
to  keep  for  the  purpose  of  gaming,  any  pubhc  bagatelle  table 
itse'l  for  the  purpose  of  playing  games  of  skill  and  chance,  or  for 
the  purpose  of  playing  on  the  same  any  game  or  games  within 
the  citv  limits,  or  to  suffer  or  permit  any  person  or  persons  to  play 
upon  said  bagatelle  table,  used  for  the  purpose  of  playing  games 
of  skill  or  chance,  kept  or  owned  by  such  person  or  persons,  unless 
the  person  or  persons  so  keeping  or  owning  such  tables  shall  first 
have  obtained  a  license  from  the  city  of  Omaha  for  so  doing  as 
hereinafter  required. 

Amount  of  license — Bond. 

Section  89.  All  persons  desirous  of  obtaining  a  license  for 
keepins:  any  bagatelle  table  for  the  purpose  of  playing  games  of 
skill  or  chance,  shall,  upon  application  to  the  mayor  of  the  city, 
receive  a  license  for  that  purpose  for  the  term  of  one  year,  by  said 
apphcant  paying  to  the  city  clerk  the  sum  of  fifteen  (S15) 
dollars  for  each  bagatelle  table  used  for  the  purpose  of  playing 
games  of  skill  or  chance,  and  upon  executing  a  ]:>ond  to  said  city 
in  the  sum  of  five  hundred  (S500)  dollars,  to  be  approved  by  the 
mayor,  conditioned  that  he  or  they  will,  during  the  term  of  said 
license,  keep  an  orderly  house  and  not  permit  any  riotous  or 
disorderlv  conduct  in  or  about  the  premises  w'here  said  tables 
nuiy  be  kept. 

Minors. 

Section  90.  It  shall  be  vuilawful  for  any  per.son  to  consent  to 
or  permit  any  minor  under  18  years  of  age  to  play  billiards,  pool, 
bagatelle  or  olher  such  game,  or  to  freciuent  any  billiard,  pool, 
bagatelle  or  other  such  room  under  his  control,  except  in  company 
with  the  parent  or  guardian  of  such  minor  or  with  the  written 
consent  thereto  of  such  parent  or  guardian. 

Penalty— Chief  of  Police  to  report. 

Section  91.  Any  person  who  shall  violate  an}^  of  the  provis- 
ions of  the  three  preceding  sections,  on  conviction  thereof  'shall 
fpay  a  fine  not  to  exceed  twenty  ($20)' dollars  for  eveVy  such  offense. 
'■  it  shall  be  the  duty-  of' the  chief  of  police  to'  re]X)rt  to  the 
citv  council  at  its  first  meeting  in  each  and  every  month  hereafter, 


REVISPJD    ORDINANCES.  297 

the  names  of  any  and  all  persons  keeping  any  table  in  this  city, 
for  the  keeping  of  which  a  license  is  required  under  this  chapter, 
together  with  the  nvimber  of  such  tables  kept  by  each,  in  case 
such  persons  have  not  taken  out  the  license  herein  required ; 
and  the  chief  of  police  on  the  first  day  in  each  month  shall  notify 
all  persons  so  delinquent  and  in  case  the  required  license  is  not  taken 
out  within  one  week  thereafter,  the  chief  of  police  shall  cause  the 
arrest  of  such  parties  for  the  violation  of  this  chapter. 

Circulars,  dodgers,  unlawful  distribution — Penalty. 

Section  92.  It  is  hereby  declared  unlawful  for  any  person 
or  persons  to  circulate  or  distrilnite  upon' any  of  the  public  streets, 
alleys,  sidewalks  or  public  grounds  of  the  city  of  Omaha,  any 
printed  or  written  dodgers,  hand  bills  or  circulars,  or  to  scatter 
about  or  to  hand  to  any  person  on  any  public  street,  alley,  side- 
walk or  public  grounds  of  the  city  of  Omaha  any  such  dodgers, 
hand  bills  or  circulars.  It  is  further  declared  unlawful  for  any 
person,  firm  or  corporation  to  employ  any  boy  or  other  person 
to  circulate  or  distribute  any  such  dodger,  hand  bill  or  circular, 
upon  any  public  street,  alley,  sidewalk  or  public  grounds  of  the 
city  of  Omaha.  Any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  less  than  two  dollars  ($2)  or  exceeding  twenty  dollars  (S20). 

Ordinance,  destruction  of. 

Section  93.  It  is  hereby  declared  unlawful,  unless  authorized 
so  to  do  to  destroy,  mutilate  or  remove  any  copy  of  any  ordinance, 
proceedimrs  of  the  city  council,  notices  or  other  papers  placed 
upon  the  bulletin  board  in  the  city  hall.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum  not 
exceeding  twenty-five  dollars  ($25.00). 

Occupying  premises  without  permission. 

Section  94.  It  is  liereby  declared  uidawf\d  lor  any  jierson 
to  break  and  enter  or  to  entei-  without  breaking,  any  dwelling 
house,  warehouse,  store,  barn,  staV)le  or  other  out-buildings  within 
the  cor]H)rate  limits  of  the  city  of  Omaha,  or  take  possession  of 
and   occui>y    the   same    witliout    p(M'niission    of    the   owner,    or    to 


298  REVISED    ORDINANCES. 

€onimit  any  trespass  upon  or  injiuy  to  any  unoccnpied  dwelling 
house  or  the  premises  pertaining  thereto. 

Any  person  Adolating  any  provision  of  the  last  preceding 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  in  any  sum  not  less  than  five  ($5) 
dollars,  nor  exceeding  one  hundred  ($100)  dollars. 

Cemeteries,  fast  driving  in— Penalty. 

Section  95.  It  shall  be  unlawful  for  any  person  or  per- 
sons to  drive  any  horse  or  horses  on  au}^  avenue  of  any  cemetery 
in  the  city  of  Omaha  faster  than  a  walk.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  one  dollar  ($1)  and  not  more  than  ten  dollars  ($10). 

Cigarettes,  sale  of. 

Section  96.  It  is  hereby  declared  unlawful  for  any  person, 
persons,  company  or  corporation  to  sell,  give  away  or  furnish  to 
any  minor  under  the  age  of  twenty-one  years  within  the  corporate 
limits  of  the  city  of  Omaha  any  cigarette,  or  cigarettes,  or  cigar- 
ette paper  in  any  form,  or  tobacco  in  any  form  commonly  used 
for  the  purpose  of  making  cigarettes.  Any  person,  company  or 
corporation  violating  any  provision  of  this  section  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
fined  in  any  sum  not  less  than  five  dollars  ($5).  nor  exceeding 
one  hundred  dollars  ($100). 

Waste  paper  boxes  on  streets— Contract. 

Section  97.  That  for  the  purpose  of  preventing  the  littering 
of  the  streets  and  sidewalks  with  waste  paper  and  paper  material, 
wrought  iron  waste  paper  boxes  are  authorized  to  be  placed  and 
maintained  upon  and  along  the  sidewalks  of  the  city  at  such  places 
as  may  be  approved  by  the  city  engineer  or  city  council  upon  the 
making  and  approval  of  a  contract  with  any  persons,  association 
or  corporation  for  the  placing  and  maintenance  of  said  boxes  and 
removal  of  the  contents  thereof. 

Refuse  excluded — Penalty. 

Section  98.  It  is  hereby  declared  unlawful  for  any  person 
to  throw  or  deposit  upon  any  street,  sidewalk,  or  into  the  gutter 
of    any  street,  waste  paper  or  other  like  material;  but  they  are 


REVISED    ORDINANCES.  299 

hereby  authorized  and  directed,  upon  the  making  and  approval 
of  the  contract  provided  for  in  section  97  of  this  chapter,  and  the 
placing  of  wrought  iron  waste  paper  boxes  authorized  by  said 
section,  to  place  in  said  boxes  any  waste  paper  or  other  like  mater- 
ial. And  it  is  hereby  further  declared  unlawful  for  any  person 
to  deposit  or  throw  upon  any  sidewalk,  street,  or  gutter  or  to 
deposit  in  said  boxes  sweepings,  ashes,  garbage,  manure,  or  other 
animal  or  vegetable  refuse,  or  to  deface,  injure  or  overturn  any 
of  said  boxes.  Any  person  violating  any  of  the  foregoing  pro- 
visions shall  be  deemed  guilt}'  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  in  any  sum  not  exceeding  twenty 
dollars  ($20.00). 

Unlawful  to  blow  whistle  or  ring  bell  unless  necessary. 

Section  99.  Is  is  hereby  declared  unlawful  for  any  railroad 
company  or  engineer,  fireman  or  other  employe  of  any  railroad 
company  within  the  corporate  limits  of  the  city  of  Omaha  to  sound 
or  blow  any  engine  or  locomotive  whistle  except  where  a  signal 
or  warning  may  be  necessary  to  avoid  an  accident  or  injury;  and 
it  is  also  hereby  declared  unlawful  within  the  corporate  limits  of 
said  city  to  ring  any  engine  or  locomotive  bell,  except  as  may  be 
reasonable  and  necessary  to  give  proper  warning  at  and  near  street 
crossings  or  in  the  proper  management  and  operation  of  such 
engine  or  locomotive  or  the  cars  attached  thereto. 

Penalty. 

Section  100.  Any  railroad  company  and  any  engineer,  fire- 
man or  other  employe  of  any  railroad  company  who  shall  sound 
or  blow,  or  authorize  or  permit  to  be  sounded  or  blown,  any  engine 
or  locomotive  whistle  within  the  corporate  limits  of  the  city  of 
Omaha,  except  as  authorized  by  the  provisions  of  the  foregoing 
section,  or  sounding  an  alarm  of  fire,  or  who  shall  purposely  and 
unnecessarily  continue  to  sound  or  blow  any  such  whistle  on  the 
occasions  authorized  herein,  or  who  shall,  to  the  annoyance  of 
citizens  continue  the  unnecessary  and  excessive  ringing  of  any 
engine  or  locomotive  bell,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  ex- 
ceeding fifty  dollars  ($50.00). 


300  REVISED    ORDINANCES. 

Funeral  processions. 

Section  101.  It  shall  be  unlawful  for  any  person  driving  any 
animal  or  animals  hitched  to  a  vehicle  of  any  kind  whatsoever, 
to  interrupt,  interfere  with,  or  delay,  any  funeral  procession  in 
the  city  of  Omaha,  by  passinji;  through  said  funeral  procession. 

Penalty. 

Section  102.  Any  person  violating  any  provision  of  the  preced- 
ing section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  to  exceed  twenty-five  dollars, 
or  be  imprisoned  not  to  exceed  ten  days. 

Fire  arms  to  those  under  eighteen  years. 

Section  103.  It  shall  be  unlawful  for  any  person,  clerk, 
servant,  or  agent,  to  sell,  barter,  exchange,  or  in  any  manner  dis- 
pose of  any  gun,  pistol,  revolver  or  fire  arm  of  any  description  to 
any  person  under  the  age  of  eighteen  years,  without  the  written 
consent  of  his  or  her  parents  or  guardian,  and  if  sueh  minor  have 
no  parent  or  guardian,  then  without  the  written  consent  of  the 
mayor. 

Penalty. 

Section  104.  Any  person  violating  any  provision  of  the  pre- 
ceding section  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  fined  in  any  sum  not  less  than  five  nor  more  than  fifty  dollars. 

FIRE  ARMS  AND  FIRE  CRACKERS. 

Fire  crackers,  dimensions  of — Fine. 

Section  105.  It  shall  be  unlawful  (except  as  the  same  may 
be  necessary  for  the  public  or  individual  defense  and  safety,  the 
carrying  on  of  any  business,  presentation  of  any  play,  theatrical  or 
stage  performance  or  public  spectacle,  or  exhibition,  duly  author- 
ized or  licensed)  for  any  person,  persons,  co-partnership  or  cor- 
poration to  burn,  explode,  or  fire  off,  within  the  city  of  Omaha  any 
firecracker  having  a  length  of  more  than  three  inches  or  a  diameter 
of  more  than  one-half  of  an  inch;  or  to  burn,  explode  or  fire  off 
any  torpedo  having  a  diameter  or  length  of  more  than  one  inch; 
or  to  fire  off  or  explode  any  pistol,  gun,  cannon  or  rifle,  or  toy 
pistol,  gun,  cannon  or  rifle,  excepting  only  sueh  as  are  designed 


REVISED    ORDINANCES.  301 

to  fire  flat  pa])er  caps.  Any  person,  persons,  co-partnership  or 
corporation  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  less  than  one  dollar  ($1.00)  nor  more 
than  twenty-five  dollars  (S25.00). 

Sale  of  firecrackers. 

Section  106.  It  is  hereby  declared  unlawful  for  any  person, 
persons,  co-partnership  or  corporation  to  sell,  offer  for  sale  or  ex- 
pose for  sale  within  the  limits  of  the  city  of  Omaha  (excepting 
at  wholesale  for  out-of-town  trade)  any  firecrackers  having  a 
length  of  more  than  three  inches  or  a  diameter  of  more  than  one- 
half  of  an  inch,  or  any  torpedos  having  a  diameter  or  length  of 
more  than  one  inch,  or  any  toy  pistol,  toy  cannon,  toy  gun,  or  toy 
rifle,  designed  for  firing  metal  cartridges  or  powder.  Any  person, 
persons,  co-partnership  or  corporation  violating  the  provisions 
of  this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than 
twenty-five  dollars  ($25)  nor  more  than  two  hundred  dollars 
($200),  or  be  imprisoned  not  less  than  ten  days  nor  more  than 
thirty  days  for  each  and  every  offense. 

Placing  explosives  on  tracks. 

Section  107.  It  shall  be  unlawful  for  any  person,  persons, 
co-partnership  or  corporation  to  set  or  place  any  torpedoes,  caps 
or  explosives  of  any  kind  whatsoever  upon  the  rail  or  track  of 
any  steam  railway  or  street  car  company.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
not  less  than  ten  dollars  ($10.00)  nor  more  than  twenty-five  dol- 
lars ($25.00). 

Prostitution. 

Section  lOS.  It  shall  be  unlawful  for  any  person  to  be  a 
prostitute  or  to  practice  prostitution  within  the  incorporated  limits 
of  the  city  of  Omaha. 

Penalty. 

Section  109.  Any  person  violating  any  provision  of  the  last 
preceding  section  shall,  upon  conviction  thereof,  be  fined  in  a  sum 


302  REVISED    ORDINANCES. 

of  not  less  than  five  dollars  ($5),  nor  more  than  one  hundred  dollars, 
($100)  or  be  imprisoned  not  exceeding  ninety  days,  in  the  dis- 
cretion of  tlie  court. 

Patent  medicines. 

Section  110.  It  is  hereby  declared  unlawful  for  any  person 
or  persons  to  throw  or  place  or  cause  to  be  thrown  or  placed  in 
any  yard,  doorway,  porch,  house  or  vestibule  any  sample  or  sam- 
ple package  of  medicine  or  any  other  matter  or  material  that 
would  be  injurious  to  health  or  life,  or  ca\ise  annoyance  or  incon- 
venience, without  first  obtaining  permission  from  the  owner  or 
occupant  thereof. 

Section  111.  Any  person  or  persons  who  shall  violate  any 
of  the  provisions  of  the  preceding  section,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  $50  for  each  and  every  such  offense. 

Missiles,  Throwing  of. 

See  Misdemeanors,  Section  75. 


REVISED    ORDINANCES.  303 


CHAPTER  LV. 
Sale,  Regulation  of.  MORPHINE. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons 
to  sell,  dispose  of  or  give  away  cocaine  or  morphine,  or  any  pre- 
paration thereof  except  upon  the  prescription  of  a  regular  prac- 
ticing physician,  and  it  shall  be  unlawful  for  said  person  or  persons 
to  sell,  dispose  of  or  give  away  any  of  said  drugs  or  any  prepara- 
tion thereof  by  the  same  prescription  more  than  once,  and  said 
person  or  persons  w^ho  shall  sell,  dispose  of  or  give  away  any  of 
said  drugs  upon  prescription  shall  keep  a  record  of  said  sales, 
the  amount  sold  and  to  whom  sold,  which  said  record  shall  include 
the  prescription  and  shall  be  open  to  the  inspection  of  the  police 
of  said  city  at  any  and  all  times:  Provided,  however,  that  it  shall 
not  be  unlawful  for  any  registered  pharmacist  to  sell  any  of  said 
drugs  to  persons  pi-esenting  a  certificate  from  any  duly  licensed 
physician  of  the  city  of  Omaha  that  it  is  necessary  for  the  health 
of  said  person  or  persons  to  have  said  cocaine,  morphine  or  pre- 
paration thereof,  but  the  said  pharmacist  so  selling  said  drugs 
on  a  certificate  of  any  duly  licensed  physician  shall  keep  a  record 
to  be  open  for  inspection  as  above  provided,  showing  to  whom 
sold  and  the  date  of  the  said  physician's  certificate;  Provided 
Further,  that  this  chapter  shall  not  apply  to  or  prevent  the 
sale  by  wholesale  druggists  to  registered  pharmacists. 

Penalty. 

Section  2.  Any  person  or  persons  who  shall  violate  any  of 
the  provisions  of  this  chapter,  or  who  shall  fail  to  kee])  the  records 
of  the  sales  of  the  said  drugs  as  above  provided,  or  refuse  to  per- 
mit inspection  of  said  records  by  any  of  the  police  of  said  city, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  not  exceeding  $50.00  for  the  first  offense  and  not  less  than 
$50.00  or  more  than  $100.00  for  any  subseciuent  violation  of 
said  chapter. 

Mortar  on  Paved  Streets,  Unlawful. 

See  Street  Sprinkling,  Section  4. 


304  EEVISED    ORDINANCES. 


CHAPTER  LVI. 

MUNICIPAL  YEAR. 

When   Municipal  year  begins. 

Section  1.  That  for  all  purposes  of  municipal  government 
in  the  city  of  Omaha,  the  municipal  year  shall  begin  on  and  include 
the  first  day  in  January  of  each  year. 

Licenses — Termination  of. 

Section  2.  That  all  Hcenses,  except  such  as  are  issued  for 
specified  days,  shall  terminate  with  the  municipal  year,  to-wit: 
December  31st,  unless  such  license  is  authorized  to  be  issued  for 
a  less  period  than  one  year,  when  the  same  may  terminate  June 
30th,  of  each  year. 

Nuisances. 

See  Sanitary  Regulations. 

Banks  of  Earth. 

See  Banks  of  earth  and  Stagnant  Water 

Stagnant  Water. 

See  Banks  of  Earth  and  Stagnant  Water 

Occupying  Premises  Without  Permission. 

See  ^lisdenieanors,  Section  94. 

Offensive  Matter  in  Streets. 

See  Misdemeanors,  Section  61. 


REVISED    ORDINAx\CES.  305 

CHAPTER  T.VII. 

OFFICERS— REMOVAL  OF. 

Cause  of  removal. 

Section  1.  Whenever  any  officer  of  this  city,  whether  ap- 
pointed by  the  city  council  or  elected  by  the  qualified  voters  of 
the  city  or  of  any  ward  thereof,  shall  haA'e  become  habitually 
intemperate,  or  in  any  way  incompetent  to  the  discharge  of  the 
duties  of  his  office,  or  become  grossly  negligent  in  the  discharge 
of  his  duties,  or  shall  refuse  to  pay  over  any  money  in  his  hands 
belonging  to  the  city,  or  to  present  his  books  or  accounts  to  the 
proper  officer  or  committee  of  the  council  for  examination,  ad- 
justment, or  settlement,  or  shall  be  guilty  of  any  other  misconduct 
in  office  either  in  refusing  to  obey  the  lawful  orders  or  resolutions 
of  the  city  council,  or  to  execute  the  ordinances  of  the  city,  or 
in  any  other  manner,  such  officer  shall  be  at  once  removed  from 
office  by  the  mayor,  with  the  consent  or  by  the  advice  of  a  major- 
ity of  all  the  members  of  the  city  council. 

Charges  preferred. 

Section  2.  Charges,  and  the  specifications  thereof,  against 
any  officer  elected  by  the  qualified  voters  of  the  city  or  of  any 
ward  thereof,  shall  be  preferred  in  writing,  and  only  by  the  mayor 
or  two  members  of  the  city  council  jointly.  If  the  council  vote 
to  entertain  the  charces,  they  shall  fix  a  day  for  the  trial,  at  which 
time  of  trial  it  shall  not  be  lawful  to  transact  any  other  business. 
The  city  clerk  shall  make  out  a  copy  of  the  charges  and  specifi- 
cations, and  deliver  such  copy  to  the  person  so  charged  at  least 
five  days  before  the  day  of  trial.  The  mayor,  or  some  person 
selected  by  the  council,  shall  conduct  the  prosecution,  and  the 
person  charged  may  be  heard  in  person  or  by  counsel.  The  trial 
may  be  adjourned  from  time  to  time  as  the  council  shall  deem 
necessary. 

Contempt  by  witness. 

Section  3.  If  any  person  shall  refuse  to  attend  as  a  wit- 
ness at  such  trial,  the  council  may  order  his  arrest  and  such  person 
when  arrested  shall  be  punished  for  the  contempt  by  fine  not  to 


306  REVISED    ORDINANCES. 

exceed  fifty  ($50)  dollars,  or  by  imprisonment  not  to  exceed  ten 
(10)  days,  or  otherwise  as  the  council  may  direct.  All  witnesses 
shall  be  examined  under  oath  or  affirmation. 

Conduct  of  trial. 

Section  4.  After  hearing  the  proof  on  both  sides  the  prose- 
cution and  defense  may  each,  in  the  order  named,  once  address 
the  council,  and  for  such  length  of  time  as  the  council  shall  deter- 
mine. All  questions  arising  during  the  progress  of  the  trial  shall 
be  determined  by  the  president  in  the  first  instance,  subject  to 
an  appeal  to  the  council  by  either  party.  At  the  close  of  the 
arguments,  the  council  by  a  vote  of  ayes  and  noes,  shall  determine 
as  to  the  truth  of  the  charge,  or  charges,  or  any  of  them.  .If  the 
charge  or  charges  or  any  of  them  are  sustained,  the  council  may 
take  such  action  in  declaring  the  removal  from  office  of  the  person 
accused,  as  to  them  may  seem  proper.  The  mayor,  by  and  with 
the  consent  of  the  city  council,  may  suspend  any  officer  from  office 
whenever  charges  have  been  preferred  against  him,  and  pending 
the  trial  of  the  same,  and  may  fill  the  temporary  vacancy  by 
appointment,  except  in  case  of  the  trial  of  any  niember  of  the 
city  council;  and  in  case  the  mayor  is  suspended  the  president 
of  the  council  shall  act  as  mayor. 

Removal  of  employes. 

Section  5.  Nothing  herein  contained  shall  be  construed 
as  interfering  in  any  way  with  the  right  of  the  city  council  to 
examine  into  charges  against  any  appointed  officer  or  employe 
of  the  city,  by  a  committee  of  the  council,  and  in  such  manner 
as  they  may  determine,  but  the  council  sliall  have  the  right  so 
to  do,  and  any  such  officer  may  be  removed  from  office  at 
any  time  by  the  mayor,  by  and  with  the  consent  of  the  city  council. 
No  elective  officer  shall  be  ren.oved  the  second  time  for  the  same 
offense. 

Removal  for  nonpayment  of  debts. 

Section  6.  Any  officer  of  the  city  of  Omaha  not  elected  by 
the  people,  or  an  employe  of  the  city  of  Omaha,  neglecting  or  re- 
fusing to  pay  a  just  debt  contracted  during  his  term  of  office  or 
employment,  providing  same  has  been  reduced  to  a  judgment 
by  a  court  of  competent  jurisdiction,  shall  be  subject  to  removal 


KEVISEl)    ORDINANCES.  307 

from  office  and  such  officer  or  employe  shall  be  discharged  from 
the  service  by  the  head  of  the  department  in  which  he  may  be 
employed. 

Opium  Joints. 

See  Misdemeanors,  Sections  51  and  52. 

Ordinances,  Mutilation  of. 

See  Misdemeanors,  Section  93. 

Overhanging  Branches. 

See  Misdemeanors,  Section  34. 

Paperhangers,  Remove  Old  Paper. 

See  Sanitary   Regulations,  Sections  7  and   8. 


308  REVISED    ORDINANCES. 

CHAPTER  LYIII. 

PARKS. 
Unlawful  acts  in  parks. 

Section  1.  It  shall  be  unlawful  for  any  person  within  or 
upon  any  of  the  parks,  jiarkways  or  boulevards  of  the  city  of 
Omaha  to  utter  any  loud  or  indecent  language,  to  do  any  indecent 
or  disorderly  act,  to  be  intoxicated;  to  bet,  gamble  or  make  wagers 
upon  any  game  or  games  of  cards  or  chance;  to  discharge  any 
firearm  or  throw  or  cast  any  stone  or  missle  by  hand,  sling  shot, 
rubber  gun  or  otherwise;  to  beg,  publicly  solicit  subscriptions  or 
tell  fortunes  for  pay ;  to  drive  or  lead  a  horse  not  well  broken ;  to 
drive  or  lead  cattle,  hogs  sheep  or  any  other  animal;  to  allow  any 
dog  to  run  at  large;  to  place  or  display  any  sign  or  advertise- 
ment; to  obstruct  any  roadway  or  path;  to  enter  or  lea\e  any 
park  except  at  the  established  entrance-ways  thereof;  to  conduct 
any  funeral  procession  or  vehicle  containing  the  body  of  any 
deceased  person  except  when  the  same  is  necessary  by  reason 
of  the  previous  place  of  abode  of  the  deceased;  to  Iniild  any  fire; 
to  write,  paint  or  carve  on  or  deface  or  injure  any  tree,  bench  or 
structure;  to  climb  any  tree;  to  tie  any  horse  to  a  tree;  to  pick, 
cut  or  in  any  manner  injure  or  destroy  any  plant,  flower,  fruit, 
turf  or  structure;  to  roD,  injure,  destroy  or  luolest  the  nest  of  any 
bird,  squirrel  or  other  animal;  to  catch  or  disturb  fish  in  the  foun- 
tains or  other  waters  of  the  park;  to  kill,  poke  sticks  at,  spit  upon, 
throw  at,  threaten  or  in  any  manner  tease,  disturb  or  injure  any 
fowl,  fish  or  animal  kept  in  any  park  or  the  waters  thereof;  to 
drive  or  transport  any  cart,  dray,  wagon,  truck  or  other  vehicle 
used  for  carrying  goods,  merchandise,  building  material,  manure, 
dirt  or  other  article;  to  ride  or  drive  any  animal  or  vehicle  at  a 
speed  exceeding  ten  miles  per  hour;  provided  that  this  shall  not 
apply  to  the  vehicles  of  the  fire  and  police  departments,  ambu- 
lance or  vehicles  used  by  physicians  when  actually  engaged  in 
responding  to  an  emergancy  call,  or  to  that  portion  of  Florence 
boulevard  lying  between  Ames  avenue  and  Miller  park,  or  to  any 
portion  of  the  parks  and  boulevards  that  may  hereafter  be  desig- 
nated as  "speed  ways;"  to  drive  any  vehicle  any  place  other  than 
the  designated  carriage  roads;  to  enter  or  remain  in  any  park  be- 
tween the  hours  of  eleven  o'clock  p.  m.  and  sunrise;  to  empty  con- 
tents of  ice  cream  freezers  or  throw  salt  or  ice  upon  the  grass. 


REVISED    ORDINANCES.  309 

Unlawful  acts  in. 

Section  2.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  connuit  any  of  the  following  acts  within  or  upon  the 
parks,  parkways  and  boulevards  of  the  city  of  Oinaha  without 
the  consent  of  the  board  of  park  commissioners,  vi^.:  to  keeji  or 
offer  anything  for  sale ;  to  i^lay  any  nuisic ;  to  deliver  any  public 
speech  or  hold  any  public  meeting;  to  play  baseball,  tennis  or 
any  other  game,  except  at  the  places  designated  for  such  purposes; 
to  Adolate  the  regulations  of  said  board  relating  to  any  building 
or  place;  to  carry  any  firearm,  sling  shot,  ax,  saw,  shovel  or  spade 
within  any  park,  except  when  rendered  necessary  by  the  place 
of  abode  of  the  person  carrying  same;  to  go  on  foot  or  otherwise 
iipon  the  grass  or  turf  where  any  prohibitary  sign  is  posted;  to 
construct  or  operate  a  line  of  street  railway  upon  any  park, park- 
way or  boulevard,  or  to  enter  thereon  for  the  purpose  of  exca- 
vating or  constructing  a  line  of  street  railway,  except  at  the  points 
where  such  lines  are  now  being  operated ;  to  dig  holes,  set  poles 
or  construct  telegraph,  telephone  or  electric  light  lines  or  enter 
upon  any  park,  parkway  or  boulevard  for  such  purpose;  to  dis- 
charge  any   fireworks   or  firearms. 

Penalty. 

Section  3.  Any  person  violating  any  of  the  provisions  of 
the  last  two  preceding  sections  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum 
not  more  than  fifty  dollars  (S50)  or  imprisoned  not  more  than 
thirty  (30)  days. 

Use  of  park.  HANSCOM  PARK. 

Section  4.  The  use  of  tlie  park  (Hanscom  Park")  shall  be 
free  to  all  civilly  disposed  persons  without  distinction. 

Platform  and  stand. 

Section  5.  Whenever  any  church,  Sunday-school  or  other 
organization  o^  party  of  persons  may  desire  to  hold  a  picnic  or 
entertainment,  requiring  the  use  of  the  platform  and  nuisic  stand 
they  shall  ar'  ly  to  the  board  of  park  commissioners  for  such  ])er- 
mit,  whi(;h  i  ;  y  be  granted  to  srch  party  in  the  order  in  which 
application^       c  made. 


310  REVISED    ORDINANCES. 

Admission — Huckstering. 

Section  6.  It  shall  be  unlawful  for  any  person  to  demand 
or  receive  any  admission  fee  to  the  park,  or  to  make  any  charge 
for  anj^  exhibition  of  any  nature  on  said  premises;  Provided, 
This  shall  not  preclude  any  party  who  may  have  the  written  permit 
of  the  board  of  park  commissioners  for  the  use  of  the  platform 
and  music-stand  on  any  particular  day  from  collecting  from  those 
who  may  dance  on  the  platform,  any  contribution  they  may  feel 
disposed  to  give  to  defray  the  expense  of  music,  etc.,  or  to  charge  for 
any  dinner  or  collation  prepared  for  such  occasion.  But  huck- 
stering shall  not  be  allowed.  Any  violation  of  this  section  shall 
subject  the  offender  to  a  fine  of  not  less  than  five  ($5.00)  dollars 
and  imprisonment  not  to  exceed  five  days. 

Sale  of  liquors. 

Section  7.  It  shall  be  unlawful  for  any  person  to  sell,  barter, 
or  give  away  or  iii  any  manner  dispose  of  any  malt,  spirituous 
or  vinous  liquors  within  said  park.  Any  person  violating  the 
provisions  of  this  section  shall,  upon  conviction  thereof,  be  fined 
any  sum  not  exceeding  fifty  (S50)  dollars  and  imprisoned  not  to 
exceed  thirty  days. 

Tying  animals. 

Section  8.  It  shall  be  unlawful  for  any  person  to  tie  any 
horse,  or  mule  to  any  tree  or  shrub  in  said  park,  or  in  any  man- 
ner cut,  break  or  injure  any  tree  or  shrub,  or  break  or  deface  or 
injure  any  furniture  or  fixture  of  said  park.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  on  conviction  be  sub- 
ject to  the  payment  of  all  damages  so  done  and  to  a  fine  of  not 
less  than  five  ($5)  dollars  nor  more  than  ten  (SIO)  dollars. 

Dancing  on  Sunday. 

Section  9.  It  shall  be  unlawful  for  any  pei'son  to  dance  on  the 
platform  or  grounds  of  the  park  on  the  Sabbath  day,  conunonly 
known  as  Sunday.  Any  person  violatiag  this  prohibition  shall 
be  subject  to  a  fine  not  to  exceed  three  ($3)  dollars. 

Police  in  charge. 

Section  jO.  All  persons  visiting  said  park  shall  at  all  times 
be  subject  to  the  orders  of  the  policeman  in  charge,   who  shall 


REVISED    ORDINAN'CES.  311 

report  any  violation  of  the  preceding  six  sections  of  this  chapter 
to  the  police  court  and  make  complaint  against  all  persons  so 
violating,  and  he  shall  drive  from  the  grounds  any  unruly  bo^'^s 
or  children  visiting  the  park  without  parent  or  guardian  and  re- 
fusing to  obey  his  order. 


CHAPTER  LIX. 

PARK  COMMISSIONERS. 
Park  Board. 

Section  1.  There  shall  be  a  board  of  park  commissioners 
of  the  city  of  Omaha,  which  shall  be  composed  of  five  members 
who  shall  be  resident  freeholders  of  such  city  and  who  shall  be 
appointed  as  required  by  the  act  incorporating  metropolitan  cities. 

Compensation. 

Section  2.  The  members  of  said  board  shall  receive  no  com- 
pensation and  shall  serve  without  cost  to  the  city,  and  before 
entering  upon  their  duties  each  member  of  said  board  shall  take 
an  oath  to  be  filed  with  the  city  clerk,  that  he  will  faithfully  per- 
form the  duties  of  his  appointment,  and  in  the  selection  or  desig- 
nation of  lands,  lots  or  grounds  for  parks,  parkways  or  boulevards, 
and  in  making  appointments,  he  will  act  for  the  best  interests  of 
such  city  and  the  public,  and  will  not  in  any  manner  be  actuated 
or  influenced  by  personal  or  political  motives. 

A  majority  of  the  members  of  said  board  of  park  commission- 
ers shall  constitute  a  quoram. 

The  members  of  said  board  at  its  first  meeting  each  year 
after  the  first  Tuesday  in  May  shall  elect  one  of  its  own  members 
as  chairman  of  said  board. 

Duties. 

Section  .3.  The  said  board  of  park  commissioners  shall  have 
charge  of  all  the  parks  and  public  grounds  belonging  to  the  city, 
with  power  to  establish  rules  for  the  management,  care  and  use 
of  public  parks,  parkways  and  boulevards,  and  it  shall  be  the  duty 
of  said  board  from  time  to  time  to  devise,  suggest  and  recommend 
to  the  mayor  and  council  a  system  of  public  parks,  parkways  and 


312  EEVISEP    ORDINANCES. 

boulevards  or  additions  thereto  within  the  city,  or  within  three 
miles  of  the  limits  thereof,  and  to  designate  the  lands,  lots  or 
arrounds  necessary  to  be  used,  purchased  or  appropriated  for  such 
purposes. 

Employees. 

Section  4.  It  shall  be  the  duty  of  said  board  of  park  com- 
missioners to  lay  out,  improve  and  beautify  all  lands,  lots  or 
grounds  no^\  owned,  or  hearefter  acquired  for  parks,  parkways 
or  boulevards.  They  may  employ  a  secretary  and  such  landscape 
gardeners,  superintendents,  engineers,  keepers,  assistants  or  la- 
borers, that  may  be  necessary  for  the  proper  care  and  mainte- 
nance of  such  parks,  parkways  or  boulevards,  or  the  improve- 
ment or  beautifying  thereof,  to  the  extent  that  funds  may  be 
provided  for  such  purpose. 

Patent  Articles,  etc.,  Street  sales  of. 

See  Street  Sales  and  Exhibitions. 

Patent  Medicine,  Distribution  of. 

See  Misdemeanors,  Sections  110  and  111. 


REVISED    ORDINANCES.  313 


CHAPTER  T,X. 

PAWNBROKERS  AND  CHATTEL  LOAN  BROKERS. 
Definition. 

Section  1.  An}^  person,  firm  or  corporation  engaged  in  the 
tnisiness  of  loaning  money  on  deposits  or  pledge  of  personal  pro- 
perty or  other  valuable  thing,  or  any  person,  firm  or  corporation 
engaged  in  the  business  of  loaning  money  upon  chattel  property 
for  security  and  reciuiring  possession  of  the  property  so  mort- 
gaged, on  condition  of  returning  same  upon  payment  of  a  stipulat- 
ed amount  of  money  is  hereby  declared  to  be  a  pawn  broker,  or 
chattel  loan  broker. 

License. 

Section  2.  Every  person,  firm  or  corporation  engaged  in 
the  business  of  pawn  broker  oV  chattel  loan  broker,  shall  pay  to 
the  city  clerk,  for  license  to  carry  on  the  same,  the  sum  of 
$100  per  year,  or  $r>0  for  six  months,  and  all  such  licenses  shall 
expire  on  June  30th  or  December  31st  of  the  year  in  which  they  are 
issued,  and  must  be  obtained  by  apphcation  to  the  city  clerk  who 
shall  issue  the  reciuired  hcenses  upon  the  applicant  for  same  ex-  ' 
ecutinga  bond  to  the  city  in  the  sum  of  $1,000.00,  with  surety  to 
be  approved  by  the  city  clerk,  and  each  surety  shall  justify  that 
he  is  a  resident  of  the  city  of  Omaha,  county  of  Douglas,  and  is 
worth,  in  real  estate,  over  and  above  all  debts,  liabilities  and 
exemptions,  at  least  double  the  amount  of  such  bond.  Provided, 
a  bond  of  some  reliable  surety  -company  may  be  given  by  such  ap- 
plicant for  hcense;  such  bond  to  be  conditioned  for  the  faithful 
Ijerformance  by  the  principal  of  each  and  all  of  the  trusts  imposed 
by  law  by  usage  attached  to  pawnbrokers  or  chattel  loan  brokers, 
and  no  person,  firm  or  corporation  licensed  as  aforesaid  shall  do 
luisiness  in  more  than  one  place  under  one  license,  and  every  such 
license  shall  state  the  jjlace  where  such  business  is  to  be  carried 
on,  and  shall  not  bp  assigned. 

Description  of  purchases. 

Section  3.  All  jiersons.  firms  or  corporation  engaged  in  the 
business  of  ]jawnbroker  or  chattel  loan  broker  shall  keep  a  book 
in  which  shall  be  legibly  written  in  ink,  at  the  time  any  loan  or  pur- 


314  REVISED    ORDINANCES. 

chase  is  made,  an  accurate  account  or  description  in  the  English 
language  of  the  goods,  articles  or  things  pawned,  pledged,  mort- 
gaged or  purchased;  the  amount  of  money  loaned  or  paid  therefor, 
the  time  the  same  were  received,  and  the  name,  residence  and  des- 
cription of  the  person  pawning,  pledging,  mortgaging  or  selling 
the  same,  which  book,  as  .well  as  the  article  pawned  or  purchased 
shall  be,  at  all  reasonable  times,  open  to  the  inspection  of  the 
mavor  or  any  meniber  of  the  police  department. 

Report  to  chief  of  police. 

Section  4.  It  shall  be  the  duty  of  every  such  pawnbroker 
or  chattel  loan  broker  to  make  and  deliver  to  the  chief  of  pohce, 
every  day  before  the  hour  of  12  o'clock  noon,  from  the  book  required 
in  section  3  hereof,  a  list  of  all  personal  property  or  other  valuable 
things  received  or  deposited,  purchased  or  mortgaged  during  -the 
day,  together  with  the  time  received  or  purchased,  and  a  des- 
cription of  the  person  or  persons  by  whom  left  in  pledge,  or  from 
whom  the  same  were  purchased.  Provided,  that  the  report 
herein  required  shall  not  apply  to  Sundays,  but  the  report  of  Mon- 
day of  each  week  shall  cover  the  business  transactions  of  the 
Saturday  previous,  and  also  the  Sunday  previous  if  any  such  trans- 
actions shall  take  place  on  said  last  mentioned  day.  Provided, 
That  no  person  shall  be  required  to  furnish  such  description  of  any 
property  purchased  from  manufacturers  or  wholesale  dealers 
having  an  established  place  of  business,  or  of  goods  purchased  at 
open  sale  from  any  bankrupt  stock  or  from  any  other  person  doing 
business  and  having  an  estaolished  place  of  business;  but  such 
goods  must  be  accompanied  by  a  bill  of  sale  or  other  evidence  of 
open  and  legitimate  purchase,  and  must  be  shown  to  the  mayor 
or  any  member  of  the  police  department,  when  demanded. 

Withhold  sale  of  purchased  goods. 

Section  o.  Xo  personal  property  received  on  deposit  or 
nurchased  by  any  pawnbroker  or  chattel  loan  broker  shall  be  sold 
or  permitted  to  be  taken  from  the  place  of  business  of  such  per- 
son for  the  space  of  twenty-four  hours  after  the  delivery  to  the  chief 
of  police  of  the  copy  and  statement  required  by  section  4  hereof. 

Withholding  sale  of  pawned  goods. 

Section  6.  It  shall  be  unlawful  for  any  broker,  agent  or 
dealer  mentioned  in    this    chapter   to    sell    any  goods  so  pawned 


REVISED    ORDINANCES.  315 

to  or  received  by  him,  during  the  period  of  six  months  from  date 
of  the  pawning  or  receiving  of  such  goods. 

Penalty. 

Seciton  7.  Every  broker,  agent  or  dealer  mentioned  in  this 
chapter  who  shall  violate,  or  neglect  or  refuse  to  comply  with 
any  of  the  provisions  of  this  chapter  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall,  for  every  such  offense, 
))e  subject  to  a  penalty  of  not  less  than  $50.00,  nor  more  than 
$100.00,  one-half  of  the  amount  so  collected  to  be  paid  to  the  per- 
son causing  the  action  to  be  brought,  and  one-half  to  the  school 
district  where  the  penalty  is  recovered,  and  in  case  any  license  has 
been  granted  to  such  broker,  agent  or  dealer  such  license  may,  at 
the  option  of  the  mayor,  be  revoked. 

Signs  not  allowed.  , 

Section  8.  It  shall  be  unlawful  for  any  person  not  having 
a  license  to  display  in  front  of,  about  or  upon  his  premises,  any 
sign  or  advertisement,  stating  that  money  is  loaned  on  goods,  or 
that  any  goods  of  the  character  named  in  this  chapter  are  bought 
or  sold  on  said  premises. 


316  REVISED    ORDINANCES. 

CHAPTER  T.XI. 

PEDDLERS. 
Peddler  defined— License. 

Section  1.  Any  person  travelling  from  place  to  place  in, 
along  and  upon  the  streets  or  alleys  of  this  city  who  shall  sell  or 
offer  for  sale,  barter  or  exchange  at  retail,  any  butter,  eggs,  poul- 
try, fruit,  vegetables,  or  any  other  farm  produce,  or  any  popcorn, 
candy,  nuts,  groceries,  or  any  other  goods,  wares  or  merchandise, 
or  who  shall  offer  for  sale  or  sell  and  deliver  from  any  wagon  or 
other  vehicle,  going  from  place  to  place  in  the  city  of  Omaha, 
whether  to  regular  customers  or  not,  any  goods,  wares  or  mer- 
chandise, or  who  shall  go  from  place  to  place  in  this  city,  selling 
and  delivering  any  other  article  or  things,  shall  be  deemed  a  ped- 
dler, and  shall  before  engaging  in  said  business  obtain  a  license  as 
a  peddler,  which  license  shall  not  be  transferable.  It  shall  be  un- 
lawful for  any  person  to  engage  in  the  business  of  a  peddler,  as 
above  specified  and  defined,  without  first  obtaining  a  license  as 
herein  required;  Proinded,  That  the  provisions  of  this  chapter 
shall  not  be  construed  to  apply  to  any  resident  grocer,  butcher  or 
merchant  delivering  goods,  or  to  the  selling  of  newspapers;  Pro- 
vided further,  that  the  provisions  of  this  chapter  shall  not  be 
construed  to  apply  to  any  person  or  persons  coming  into  the  city 
of  Omaha  from  the  country  with  any  fruit,  vegetables,  butter, 
eggs,  poultry  or  other  farm  produce  raised  by  themselves,  their 
employer  or  their  employees. 

Fee. 

Section  2.  The  license  fees  required  to  be  paid  by  peddlers 
shall  be  as  follows: 

Any  wagon  or  vehicle  drawn  by  animal  power,  $30  per  year, 
for  the  period  from  July  1st  to  June  30th  the  following  year,  and 
for  each  assistant  $20  for  the  same  period. 

Any  hand-cart  or  vehitde  drav/n  by  other  than  animal  power, 
S20  per  year  for  the  period  from  July  1st  to  June  30lh  the  following 
year.  No  hand-cart  peddlers  vail  be  allowed  to  sell  any  vegetables 
from  their  cart.  Any  peddlers  carrying  their  wares.  $10  per  year 
for  the  period  from  July  1st  to  June  30th  the  following  year. 

No  person  engaged  in  peddling,  as  foot  or  hand-cart  peddler, 
shall  have  an  assistant  while  so  engaged. 


REVISED    ORDINANCES.  317 

No  peddler's  license  shall  be  issued  for  any  other  period  than 
as  above  specified.  Upon  payment  to  the  city  clerk  of  the  license 
fee  prescribed  in  this  section,  the  city  clerk  shall  issue  such  license, 
which  nnist  be  signed  In^  the  city  clerk. 

Badge. 

Section  3.  Every  peddler  shall  wear  conspicuously  on  his 
outer  garment  a  badge  or  metal  shield,  upon  which  shall  be  in- 
scribed the  word  "Peddler"  and  his  number,  and  every  peddler 
using  a  wagon  or  vehicle  of  any  description  shall  have  a  tin  or 
metal  sign  upon  wliich  shall  be  painted  the  word  "Peddler"  and 
his  number,  in  letters  not  less  than  two  inches  in  height,  fastened 
conspicuously  upon  each  .side  of  his  wagon  or  vehicle,  said  badge 
and  sign  to  be  furnisheil  by  the  license  inspector  free  of  charge, 
and  must  be  removed  upon  the  expiration  of  the  term  for  which 
such  license  was  issued. 

Penalty. 

Section  4.  Any  person  so  licensed  as  aforesaid  who  shall  be 
guilty  of  fraud,  cheat,  misrepresentation  or  imposition,  or  anv  per- 
son who  shall  neglect  or  refuse  to  comply  with,  or  shall  violate  any  of 
the  provisions  of  this  chapter,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less 
than  $5  nor  more  than  $50,  or  be  imprisoned  not  exceeding  thirty 
days. 

Peddlers,  Not  to  Purchase  Junk  from  Minors. 
See  Junk   Dealers,   Section  6. 

Plumbers,  not  to  Purchase    Junk  or  Lead  Pipe  from  Minors. 
See  Junk  Dealers,  Section  6. 


318  REVISED    ORDINANCES. 

CHAPTER  LXII. 

Permits.  PLUMBERS. 

Section  1.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  engage  in  the  plumbing  business  as  a  master  or  con- 
tracting plumber  in  the  city  of  Omaha  without  having  an  established 
place  of  business  in  said  city,  and  without  having  first  secured 
from  the  building  inspector  a  master  plumber's  general  permit. 

Application. 

Section  2.  Application  for  master  plumber's  general  permits 
shall  be  made  in  writing,  upon  blanks  furnished  by  the  plumbing 
inspector,  and  shall  show  the  name  of  the  applicant,  the  location 
of  his  or  their  place  of  business  and  such  other  information  as 
may  be  required. 

Bond. 

Section  8.  With  each  application  for  a  nuister  plumber"s 
general  permit  there  shall  be  filed  a  bond  in  the  sum  of  $1,000.00, 
with  two  sureties,  who  shall  each  certify  that  he  is  worth,  over  and 
above  all  indebtedness  and  liabilities,  double  the  amount  of  the 
bond  in  real  estate  situated  in  Douglas  county,  Nebraska,  or  a 
bond  by  an  approved  surety  company;  such  bond  to  be  for  the  pro- 
tection of  the  city  agianst  loss  or  damages  by  reason  of  the  care- 
lessness or  negligence  of  the  person  furnishing  such  bond  to  prop- 
erly execute  and  protect  any  and  all  plumbing  work  performed 
by  him  or  them,  or  any  work  under  his  or  their  supervsion  during 
the  period  of  said  master  plumber's  general  permit,  shall  be  so 
conditioned,  and  such  bond  shall  be  approved  by  the  city  council. 

Upon  the  approval  of  such  bond,  and  upon  the  payment  to 
the  city  clerk  of  a  fee  of  $5.00,  it  shall  be  the  duty  of  the  build- 
ing inspector  to  issue  to  the  applicant  a  master  plumber's  general 
permit,  which  must  be  countersigned  by  the  plumbing  inspector, 
to  engage  in  the  business  of  master  plumber  for  the  period  ending 
June  30th  following.  All  master  plumbers'  general  permits  shall 
expire  on  the  30th  day  of  June  after  they  are  issued,  and  shall 
not  be  transferable. 


REVISED    ORDINANCES.  319 

Removal. 

Section  4.  Should  any  person,  firm  or  corporation,  after 
having  secured  a  master  plumber's  general  permit  for  a  certain 
location,  desire  to  remove  to  another  location  within  the  city  before 
the  expiration  of  said  general  permit,  he  or  they  must  first  make 
application  to  the  building  inspector,  in  writing,  for  a  transfer  of 
said  location,  which  transfer  shall  thereupon  be  authorized,  in 
writing,  by  the  building  inspector  unless  some  good  reason  exist 
for  refusing  same. 

Notify  inspector. 

Section  5.  Any  person,  firm  or  corporation  desiring  to  en- 
gage in  the  business  of  a  master  plumber  in  the  city  of  Omaha  shall 
have  his  or  their  full  name,  residence  and  place  of  business  regis- 
tered in  a  book  kept  for  that  purpose  bj-  the  building  inspector,  and 
in  case  of  removal  or  change  of  any  firm  or  corporation  to  notify 
the  building  inspector  at  once  of  such  change.  They  must  faith- 
fully observe  all  ordinances  of  the  city  pertaining  to  plumbing  and 
all  plumbing  work  under  their  control  must  be  executed  in  a  work- 
manlike manner.  Any  person,  firm  or  corporation  not  so  regis- 
tered shall  in  no  case  be  granted  a  master  plumber's  general  per- 
mit. 

Written  application. 

Section  6.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration of  master  plumbers  or  any  journeyman  plumber  to  begin 
on  any  job  of  plumbing  work  until  the  owner,  agent  or  occupant 
of  the  premises  has  secured  from  the  building  inspector  a  special 
permit  to  do  said  work,  except  as  herein  provided  for.  In  order 
to  secure  said  special  permit  the  owner,  agent  or  occupant  shall 
make  a  written  application,  upon  blanks  furnished  by  the  building 
inspector.  Said  application  shall  show  the  name  of  the  owner, 
agent  or  occupant  of  the  premises  where  said  work  is  to  be  done, 
the  location  of  said  premises,  lot,  block,  and  addition,  street  and 
number,  and  the  name  and  location  of  the  master  plumber  having 
charge  of  the  work  and  a  description  of  the  work  to  be  done,  setting 
forth  the  number  and  kind  of  fixtures ;  and  the  applicant  shall  pay 
a  fee  of  fifty  cents  per  fixture  with  sewer   or  cesspool  connections. 

No  permit — Minor  repair  work. 

No  special  permits  shall  l)e  recjuired  for  minor  repair  work. 
By  minor  repair  work  is  meant  the  repairs  of  leaks  in  pipes,  traps 


320  REVISED    ORDINANCES. 

or  cocks,  opening  up  waste  or  supply  pipes,  traps  or  drains,  and 
replacing  broken  fixtures  and  frozen  pipes  inside  of  the  walls  of 
buildings ;  but  where  wastes  or  fixtures  are  changed  and  inspection 
is  required,  special  permit  must  be  taken  out  and  inspector  noti- 
fied of  change  before  same  is  covered  up. 

Keep  permit  on  premises. 

It  shall  be  the  duty  of  master  plumbers  to  keep  all  special  per- 
mits on  the  premises  where  the  work  is  being  done  for  which  said 
special  permits  were  issued,  until  such  time  as  work  is  completed, 
tested  and  accepted  by  the  plumbing  inspector,  when  the  permit 
must  be  returned  to  the  building  inspector,  who  shall  cancel  the 
same.  And  it  shall  be  unlawful  to  cover  up  or  in  any  way  conceal 
any  plumbing  work  before  the  same  has  been  tested,  inspected 
and  approved  by  the  plumbing  inspector. 

Notify  building  inspector  for  test. 

Section  7.  It  shall  be  the  duty  of  any  person,  firm  or  cor- 
poration of  master  plumbers  to  notify  the  building  inspector  when 
plumbing  work  is  ready  to  be  tested  or  inspected.  Said  notice 
must  be  filed  in  the  office  of  the  building  inspeetor  at  least  four 
hours  before  such  test  or  inspection  is  desired. 

Plumbing  work  defined. 

Section  S.  The  term  plumbing  work  as  herein  provided 
covers  all  water  pipes  from  water  main  in  street  and  through  pre- 
mises and  buildings,  all  pipes  used  to  ventilate  sewerage  system 
in  buildings  and  to  a  distance  of  four  feet  outside  of  foundation 
wall ;  also  all  material  and  work  used  in  the  construction  of  new, 
or  reconstruction,  alteration  or  placing  of  new  or  replacing  of 
old  pipes,  fixtures  and  appurtenances  thereto  belonging  which 
are  used  to  conduct  water  to  and  from  and  to  distribute  it  in  or 
about  any  building  for  any  use  whatever;  also  all  pipes  in  connec- 
tion with  gas.  vapor  or  waste  of  any  kind  which  may  be  discharged 
into  drains  or  sewers ;  also  all  repairs  on  aforesaid  pipes,  fixtures,  etc., 
Water  and  air  tests. 

Section  9.  All  tests  of  roughing  in  plumbing  to  finishing 
floor  and  wall  line  must  be  made  with  either  water  or  air.  If  the 
test  be  made  with  water  the  entire  system  of  plumbing  must  be 
filled  with  water  to  the  top  of  the  highest  vent-pipe  on  roof.  If  the 
test  be  made  with  air  it  must  be  under  a  pressure  of  not  less  than 


REVISED    ORDINANCES.  321 

ten  pounds  to  the  square  inch.  All  tests  herein  required  must  be 
applied  by  the  plumber  in  charge  of  the  work,  in  the  presence 
of  the  plumbing  inspector,  and  maintained  for  a  sufficient  length 
of  time  to  allow  the  plumbing  inspector  to  make  a  thorough  and 
complete  examination  of  the  work,  and,  if  defective  material  and 
workmanship  be  found  on  the  job,  the  same  must  be  removed  at 
the  expense  of  the  master  plumber  having  charge  of  the  work  and 
replaced  with  i^roper  kind  of  material  and  workmanship. 

Tests  after  fixtures  are  connected. 

Section  10.  After  all  fixtures  are  connected  and  traps  filled 
with  water  there  shall  be  a  final  inspection  made.  In  no  case 
shall  the  plumbing  inspector  accept  or  approve  any  job  of  plumbing 
work  until  the  same  has  been  made  perfectly  tight  and  to  conform 
with  this  chapter. 

Duties — Plumbing  inspector. 

Section  11.  It  shall  be  the  duty  of  the  phmibing  inspector 
to  furnish,  at  all  times,  information  regarding  the  requirements 
of  this  chapter. 

Inspector  to  issue  certificate. 

Section  12.  It  shall  be  the  duty  of  the  plumbing  inspector 
to  supervise  all  plumbing  work  done  in  the  city  of  Omaha,  and  if, 
after  having  made  the  proper  final  inspection  on  any  job  of  plumb- 
ing work,  the  same  is  found  to  be  properly  done  and  to  be  perfectly 
tight  as  rec^uired  by  this  chapter,  it  shall  be  the  duty  of  the 
plumbing  inspector  to  issue  to  the  master  plumber  in  charge  of 
the  work  a  certificate  of  completion,  setting  forth  the  fact  that 
the  work  has  been  tested  and  inspected  and  the  same  found  to 
have  been  done  according    to    the    rec[uirements    of    this  chapter 

Imperfect  material. 

Section  13.  It  shall  be  the  duty  of  the  plumbing  inspector 
to  investigate  all  cases  reported  or  referred  to  him  of  the  use  of 
imperfect  material  or  workmanship  on  any  job  of  plumbing  work, 
or  the  violation  of  the  provisions  of  this  chapter  either  by  the  mas- 
ter or  journeyman  plumber,  builder  or  owner,  and  to  stop  work 
and  report  same  to  the  examining  board  who  shall  investigate  the 
same  and  prosecute  the  offending  parties,  if  guilty,  of  violating 
rules  and  regulations  of  said  board  as  required  by  law. 


322  REVISED    ORDINANCES. 

Inspect  old  plumbing. 

Section  14.  It  shall  be  the  duty  of  the  board  of  examiners 
to  make  inspections  of  old  plumbing  work  at  the  request  of  the 
agent,  owner  or  occupant  of  any  building  or  premises  where  said 
plumbing  work  is  located,  in  order  to  ascertain  whether  or  not 
the  plumbing  in  said  building  or  premises  is  in  a  sanitary  con- 
dition. The  said  board  shall  have  the  right  and  authority  to 
enter  any  building  or  upon  any  premises  at  all  reasonable  hours  to 
ascertain  if  the  provisions  of  this  chapter  or  any  other  provision 
of  the  ordinances  of  this  city  relating  to  plumbing  have  been  or  are 
being  complied  with ;  also  where  they  have  reason  to  believe  de- 
fective or  unsanitar}^  plumbing  exists,  and  whenever  defective  or 
unsanitary  plumbing  is  found  it  shall  be  the  duty  of  the  said 
plumbing  board  to  notify  the  agent  or  owner  of  the  premises  on 
which  the  same  is  found  to  forthwith  cause  such  plumbing  to  be 
changed  and  be  made  to  conform  with  the  rules  and  requirements 
of  any  existing  ordinance,  or  to  be  changed  and  made  sanitary 
in  such  other  manner  as  said  plumbing  board  may  authorize  and 
direct,  and  such  owner  and  agent  is  hereby  required  within  ten 
days  after  receiving  such  notification  to  comply  therewith,  and 
failing  or  neglecting  to  do  so  he  shall  be  considered  as  maintaining 
unsanitary  plumbing  and  violating  the  requirements  hereof,  and 
it  shall  be  the  duty  of  said  plumbing  board  to  make  complaint 
against  such  owner  or  agent  and  cause  him  to  be  prosecuted. 

Record  of  inspections. 

Section  15.  The  plumoing  inspector  shall  keep  a  complete 
record  of  all  inspections  and  tests  made  by  him  as  plumbing  in- 
spector in  the  city  and  make  a  report  of  the  same  each  month 
to  the  building  inspector,  except  it  would  not  be  necessary  to  report 
the  tests  made  on  old  work. 

Building  inspector  keep  records. 

Section  16.  The  building  inspector  shall  keep  a  record  book, 
wherein  he  shall  register  the  full  name,  residence  and  place  of  bus- 
iness of  all  persons,  firms  or  corporations  engaged  in  doing  plumb- 
ing work  in  the  city  as  master  plumbers. 

Plumbing  inspector  prohibited  from  doing  outside  work. 

Section  17.  It  shall  be  unlawful  for  the  plumbing  inspector 
to  engage  in  the  business  of  a  master  plumber,  or  to  perform  any 


REVISED    ORDINANCES.  323 

work  as  a  journeyman  plumber  in  the  city  of  Omaha  during  the 
term  of  office -as  plumbing 'inspector. 

Rules. 

Section  18.  The  following  rules  and  regulations  are  hereby 
established  to  govern  the  construction  of  all  new,  or  the  recon- 
struction of  old  plumbing  work: 

Rule  1.  All  soil  pipes  and  fittings,  in  buildings  and  to  a  dis- 
tance of  four  feet  outside  of  buildings,  must  be  of  extra  heavy  cast 
iron  soil  pipe,  free  from  any  defects  and  of  uniform  thickness  and 
of  the  following  weights: 

2-inch  pipe,  five  and  one-half  pounds  per  foot. 

3-inch  pipe,  nine  and  one-half  pounds  per  foot. 

4-inch  pipe,  thirteen  pounds  per  foot. 

5-inch  pipe,  seventeen  pounds  per  foot. 

6-inch  pipe,  twenty  pounds  per  foot. 

8-inch  pipe,  thirty-three  and  one-half  pounds  per  foot. 

10-inch  pipe,  forty-four  pounds  per  foot. 

12-inch  pipe,  fifty-four  pounds  per  foot. 

Or  wrought  iron  pipe  with  recessed  screw  drainage  fittings. 

Rule  2.  All  main  lines  of  soil  pipe  shall  run  on  as  near  a 
direct  line  as  possible  to  principal  fixtures  or  set  of  fixtures,  then 
as  direct  as  possible  to  a  point  eighteen  inches  above  roof;  1-6, 
1-8  and  1-16  bends  may  be  used  at  roof.  In  all  cases  the  pipe  or 
aggregate  number  of  branches  of  main  soil  pipe  shall  equal  in  cross 
section  at  roof  the  cross  section  of  main  soil  pipe  entering  building 
and  in  no  case  shall  be  less  than  four  inches  in  diameter. 

Rule  3.  All  soil  pipes  must  have  fall  of  at  least  a  quarter  of 
an  inch  to  the  foot,  and  be  put  in  as  even  as  possible. 

Rule  4.  All  horizontal  lines  of  waste  pipe  nuist  have  brass 
or  heavy  iron  clean-out  placed  at  end  of  fine  and  clean-out  must 
have  shoulder  and  washer  at  screw  connection. 

Rule  o.  There  must  be  a  Y  and  1-8  bend  or  two  1-8  bends 
with  a  Y  above  bends  at  the  foot  of  all  vertical  lines  of  waste  pipe 
and  a  clean-out  caulked  into  the  Y  ;  but  if  it  is  under  floor  clean-out 
must  be  carried  flush  with  floor  line,  or  to  some  point  where  it  will  be 
readily  accessible.  Clean-outs  nuist  be  same  size  as  soil  pipes,  ex- 
cept when  soil  pipe  is  larger  than  four  inches,  in  such  cases  clean- 
out  need  not  be  larger  than  four  inches  in  diameter. 


324  REVISED    ORDINAN^CES. 

Rule  6.  All  changes  in  direction  of  horizontal  lines  of  waste 
pipes  must  be  made  with  Y's  or  1-16,  1-8  or  1-6  bends. 

Rule  7.  No  sanitary  or  common  T's  will  be  allowed  on  liori- 
zontal  lines  of  waste  pipes  except  where  it  is  impossible  to  use  Y 
and  1-8  bend. 

Rule  8.  Where  soil  or  waste  pipes  are  placed  in  buildings 
for  future  use,  the  necessary  openings  in  soil  and  ventilation  pipes 
nuist  be  left  as  near  the  place  for  future  use  as  possible  and  securely 
plugged,  tested  and  inspected. 

Rule  9.  Each  vertical  line  of  soil  pipe  shall  rest  on  an  iron 
pipe  rest  or  on  some  unremovable  timber,  and  when  lines  are  more 
than  twenty  feet  they  must  have  rests  on  each  floor. 

Rule  10.  Horizontal  line  of  soil  pipe  must  be  fastened  with  iron 
hooks  or  iron  hangers  when  run  on  wall  or  ceiling,  and  when  put 
in  trench  must  be  supported  by  brick  or  stone  piers. 

Rule  11.  In  buildings  that  have  been  fitted  up  with  stand- 
ard soil  pipe,  additional  extensions  may  be  made  with  standard  soil 
pipe,  providing  work  in  building  is  in  accordance  with  rule  2  of 
this  section  when  standard  soil  pipe  is  used,  inspection  only  shall  be 
required;  but  work  must  be  done  in  accordance  with  said 
rule,  and  when  standard  soil  pipe  is  taken  out  from  roof  to 
first  floor  for  an}-  cause  soil  pipe  in  building  must  be  replaced  with 
extra  heavy  soil  pipe,  so  as  to  comply  with  all  the  rules  of  said 
chapter  governing  new  work. 

Rule  12.  Each  and  every  building  in  which  plumbing  fixtures 
are  permanently  located  shall  be  connected  with  sewer,  except 
where  provision  is  made  for  connection  with  cesspool. 

Rule  13.  Where  only  one  fixture  is  put  in  building  with 
waste  connection,  two  inches  or  less,  a  two-inch  pipe  may  be  used 
as  shown  on  Figure  3  of  plan  prepared  by  the  plumbing  inspector, 
which  is  contained  in  this  chapter  hereby  approved  and  reference 
made  to  the  same. 

Rule  14.  The  proper  sizes  of  waste  pipes  for  fiixtures  shall 
not   be   less    than   the   following   sizes: 

Water  closets '. 4     inches 

Bath  tubs U       " 

Sinks H      " 

Wash  trays U      " 

Urinals H      " 


REVISED    ORDINANCES.  325 

Bar  wastes   U  inches 

Wash  basins 1^      " 

Cesspools  and  slop  sinks  not  smaller  than  2  inches 

Rule  If).  All  traps  and  closets  must  be  revented,  except 
siphon  jet  closets  revented  by  another  fixture  or  fixtures,  which 
require  a  re  vent  or  a  combined  re  vent  of  not  less  than  two  inches, 
and  waste  must  be  put  in,  in  such  a  manner  as  to  allow  full  two  inches 
for  revent  for  closet  and  must  not  be  more  than  five  feet  from  cen- 
ter of  closet  opening  at  floor  Hne  to  the  point  where  waste  of  other 
fixture  or  fixtures  come  through  the  floor  line  to  receive  other  fix- 
tures, and  must  be  taken  from  closet  opening  at  bend,  as  shown 
on  Figures  2  and  4,  contained  in  this  chapter,  hereby  approved 
and  reference  made  to  the  same  except  it  be  on  top  floor  and  with- 
in five  feet  of  main  stack  or  on  lower  floor  with  no  other  closets 
above  it. 

Rule  16.  When  revent  is  connected  to  main  soil  pipe  it  must 
be  done  by  means  of  a  Y  branch,  and  in  buildings  having  fixtures 
more  than  one  floor  must  be  returned  to  soil  pipe  on  a  direct  line 
as  possible,  as  shown  on  Figure  1  of  said  plan,  contained  in  this 
chapter  hereby  approved  and  reference  made  to  same  providing 
fixture  or  fixtures  on  lower  floor  require  a  vent  pipe  of  two  or  more 
inches. 

In  all  cases  where  revent  pipe  is  connected  to  main  soil  pipe, 
soil  pipe  must  be  increased  one  foot  below  roof,  as  shown  on  plans 
herein  referred  to,  as  follows:  two  inches  to  four-inch,  four-inch 
to  six-inch,  etc. 

Rule  17.  Where  only  one  set  of  fixtures  is  revented  into 
main  soil  pipe  it  may  be  done  as  shown  by  Figure  4  of  the  plan  above 
mentioned,  unless  there  be  a  closet  on  lower  floor,  in  which  case 
revent  must  be  carried  into  soil  pipe,  as  shown  on  Figure  2 
aforesaid  of  said  plan. 

Rule  18.  All  branches  in  revent  pipes  must  be  put  in  in  such 
a  manner  so  that  revent  pipes  cannot  become  waste  pipes  in  case 
of  stoppage  in  waste  pipe,  and  all  branches  must  be  put  in  at  least 
six  inches  above  the  highest  fixture  of  the  one  or  set  of  fixtures 
to  be  revented. 

Rule  19.  All  soil  and  vent  pipes  must  run  on  as  straight  a 
line  as  possible  and  shall  not  terminate  below  the  top  of  any  win- 
dow. When  nearer  than  ten  feet  to  any  window  they  nuist  be 
carried  above  same. 


326  REVISED    ORDINANCES. 

Rule  20.  When  drum  traps  are  used  they  shall  not  have 
long  extension  vent  couplings,  unless  there  be  a  slip  joint  at  wall, 
and  they  must  have  couplings,  that  will  allow  covers  to  be  taken 
from  traps  and  allow  free  access  to  same. 

Rule  21.  All  revent  pipes  must  be  galvanized  wrought  iron 
or  lead,  or  extra  heavy  soil  pipe,  and  must  connect  to  trap  they  are 
intended  for  at  crown  when  possible,  and  be  graded  so  as  to  dis- 
charge water  collected  by  condensation  and  must  run  on  principle 
as  shown  on  plans  referred  to  when  possible,  or  run  through  roof 
separately;  but  where  run  through  roof  separate  must  be  connected 
back  into  waste  pipe  at  bottom  same  as  if  revented  into  main  stack, 
and  in  all  cases  revent  pipes  must  be  increased  below  roof,  so  that 
same  wijl  be  not  less  than  four  inches,  and  all  pipes  for  sewerage 
ventilation  must  be  carried  at  least  eighteen  inches  above  point 
where  it  goes  through  roof. 

Rule  22,  The  proper  size  for  ventilation'  pipes  shall  be  as 
follows : 

Water  closets , 2  inches 

Sinks -. ...li  " 

Bar  waste H  " 

Bath  tub H  " 

Wash  basin 1^  " 

Urinal U  " 

Cesspools  and  slop  sinks H  " 

Wash  trays U  " 

Rule  23.  Where  two  or  more  revent  pipes  join  together  and 
are  less  than  two  inches,  vent  pipe  must  be  increased  to  two  inches. 

Rule  24.  When  more  than  three  closets  connect  to  a  revent 
pipe,  the  revent  pipe  must  be  enlarged  one  size,  and  one  size  for 
every  three  closets  thereafter  until  revent  pipe  equals  main  soil 
pipe. 

Rule  25.  In  all  cases  where  revent  pipe  equals  main  soil  pipe, 
main  soil  pipe  must  be  increased  at  Y  branch  where  revent  is  taken 
into  it,  as  follows:  Two  inches  to  four  inches;  four  inches  to  six 
inches,  etc.,  and  where  revent  is  larger  than  two  inches  soil  pipe 
must  be  increased  one  size  at  Y  branch  or  may  be  run  through 
separately,  but  must  connect  to  soil  pipe  at  bottom,  as  shown  by 
said  plan. 

Rule  26.  Combination  brass  and  lead  solder  nipples  will 
not  be  allowed  unless  they  be  made  of  lead  at  the  weight  of  not  less 


REVISED    ORDINANCES.  327 

than  2^  pounds  per  foot  and  connection  between  lead  and  brass  be 
made  with  wiped  joint.  Rubber  vent  couplings  will  not  be  allowed 
except  in  old  buildings  on  repair  work. 

Rule  27.  Each  and  every  wash  basin  and  fixture  must  have 
separate  traps  placed  as  close  to  the  fixtures  as  possible  and  be  prop- 
erly ventilated. 

Rule  28.  All  traps  must  have  a  water  seal  of  not  less  than 
one  and  a  quarter  inches  in  depth,  and  must  be  set  true  to  water 
seal. 

Rule  29.  The  use  of  wooden  trays  or  sinks  is  prohibited. 
They  shall  be  of  non-absorbent  material. 

Rule  30.  All  inside  leaders  (rainwater  pipes)  must  be  of 
extra  heavy  cast  iron  soil  pipe  or  galvanized  wrought  iron  pipe 
(same  to  be  tested)  with  roof  connections,  made  gas  and  water 
tight  by  means  of  heavy  lead  or  copper-drawn  tubing  soldered 
to  brass  ferrule,  caulked  or  screwed  into  iron  pipe.  Rainwater 
leaders  shall  not  be  used  as  soil,  waste  or  vent  pipes,  nor  shall  any 
soil,  waste  or  vent  pipe  be  used  for  rainwater  leaders.  If  rainwater 
leaders  or  outside  conductors  are  connected  to  sewer  they  shall  be 
separately  and  independently  trapped,  trap  to  be  below  the  frost 
fine.  Permit. for  such  connection  must  be  obtained  from  the  city 
engineer. 

Rule  31.  All  joints  of  cast  iron  pipe  must  be  packed  with 
picked  oakum  before  molten  lead  is  run  in. 

Rule  32.  Steam  boiler  blow-offs,  pump  exhausts,  drains 
from  carriage  wash  or  drains  from  barn  floors  may  be  connected 
with  sewer  by  putting  in  catch  basins  of  suitable  size  and  con- 
struction, provided  a  permit  for  such  connection  shall  be  obtained 
from  the  city  engineer,  and  pipe  must  be  put  in  so  as  to  form  a 
trap  in  catch  basin,  and  must  have  clean-out  on  house  side  of 
sewer  in  catch  basin. 

Rule  33.  No  bell-trap  cesspool  of  any  kind  will  be  allowed 
in  any  building  without  having  a  trap  placed  in  waste  pipe  as  close 
to  the  cesspool  as  possible,  trap  to  be  the  same  size  as  waste  pipe 
and  properly  ventilated.  This  rule  does  not  apply  to  carriage 
wash  or  drains  from  barn  floors. 

Rule  34.  In  any  case  where  an  additional  fixture  is  required 
in  a  building,  and  it  is  impossible  to  get  revent  pipe  for  the  trap, 
the  plumbing  inspector  shall  designate  the  kind  of  trap  to  be  used. 


328  REVISED    ORDINANCES. 

Rule  35.  Waste  pipe  for  refrigerators  or  other  receptacles 
in  which  provisions  are  stored  shall  not  be  connected  direct  with 
drains,  soil  or  waste  pipe,  but  must  drip  into  open  tray,  the  tray 
being  trapped,  and  the  lower  end  of  waste  pipe  from  tray  discharg- 
ing into  some  fixture  in  constant  use,  except  in  saloons  and  cold 
storage  houses,  when  same  may  be  connected  direct  with  drains, 
soil  or  waste  pipes,  if  properly  trapped,  and  traps  ventilated  in 
accordance  with  the  provisions  of  this  chapter  regulating  traps 
and  ventilation. 

Rule  36.  Water  closets  must  be  glazed  earthenware,  iron 
enameled,  all  exposed;  the  wood  work  to  consist  of  seat  and  back 
only. 

-  Rule  37.  Pan,  long  hopper,  plunger  or  other  closets  having 
a  direct  supply,  or  closets  not  having  their  walls  flushed  with  each 
discharge  of  the  tank,  will  not  be  allowed  in  any  building,  and  if 
taken  out  for  repairs  must  be  replaced  with  water  closets  as  desig- 
nated in  Rule  36. 

Rule  38.  Long  hopper  closets  will  be  allowed  in  outhouses 
if  properly  connected  with  trap  below  frost  line,  as  per  Rule  44. 

Rule  39.  All  closets  inside  of  buildings  must  have  brass  floor 
flange  soldered  to  the  lead  opening  in  the  waste  pipe,  and  have 
rubber  gasket  or  other  approved  compound  between  flange  and 
closet;  closet  to  be  bolted  to  flange  with  brass  bolts  and  flange 
securely  fastened  to  floor. 

Rule  40.  All  solder  joints  between  brass  and  lead,  copper  and 
lead,  or  two  lead  ends  must  be  regulation  wiped  joints,  and  the 
same  must  be  done  in  a  first-class  and  workmanlike  manner.  No 
cup  or  overcast  joints  either  with  soldering  iron  or  cloth  will  be 
allowed. 

Rule  41.  All  public  urinals  must  have  an  automatic  flush 
tank  to  supply  same,  and  must  also  have  some  kind  of  non-absorb- 
ent safe  placed  in  the  floor  under  same,  except  in  cases  where  the 
floor  is  of  non-absorbent  material. 

Rule  42.  All  connections  between  lead  and  iron  soil  pipes 
must  be  made  of  either  extra  heavy  brass  or  some  other  approved 
ferrviles. 

Rule  43.  All  lead  bends,  lead  traps  and  lead  nipples  shall  be 
of  drawn  lead.  No  cast  lead  traps,  lead  nipples  or  lead  ferrules 
will  be  allowed. 


REVISED    ORDINANCES.  329 

Rule  44.  All  outside  water  closets  must  be  constructed  as 
follows:  When  the  same  is  intended  to  be  connected  with  sewers 
there  must  be  a  brick  vault  not  less  than  4x4  feet,  and  of  a  suffic- 
ient depth  to  bring  traps  below  frost  line,  each  closet  to  be  separately 
trapped  with  not  less  than  four-inch  soil-pipe  trap,  same  to  have 
brass  clean-out  caulked  into  trap  on  sewer  side  to  admit  of  clean- 
ing same;  soil  pipe  and  trap  to  be  what  is  known  as  extra  heavy, 
and  the  pipe  to  extend  to  a  point  four  feet  outside  the  vault,  the 
same  to  be  properly  fastened  and  secured.  Where  waste  pipe 
comes  through  floor  to  receive  water  closet  the  same  shall  be  four- 
inch  lead  pipe  and  properly  flanged  over  on  floor. 

Penalty. 

Section  19.  Any  person,  firm  or  corporation  who  shall  violate, 
or  who  shall  refuse,  neglect  or  fail  to  comply  with  any  of  the  pro- 
visions or  rules  of  the  preceding  sections  of  this  chapter,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined 
in  any  sum  not  less  than  five  (So)  dollars  nor  more  than  fifty  ($50) 
dollars  for  each  offense;  and  any  person  holding  an  unexpired 
plumber's  license,  who  is  convicted  of  having  violated  any  of  said 
provisions  shall  have  his  license  revoked  by  the  board  for  the 
examination  of  plumbers,  as  provided  for  in  section  14,  of  house 
roll  124,  27th  session  of  the  legislature  of  the  state  of  Nebraska. 


330 


REVISED    ORDINANCES. 


r^ 


F^a-  ^ 


Revents  from  Basement  Fixtures  must  connect  to  main  vent 
pipe  6  inches  above  first  tloor  fixture. 


REVISED    ORDINANCES. 


331 


Revents  from  Basement  Fixtures  must  connect  to  main  vent 
pipe  6  inches  above  tirst  flooi-  fixture. 


332 


REVISED    ORDINANCES. 


To  Sewe/ 


REVISED    ORDINANCES. 


333 


334  REVISED    ORDINANCES. 

DRAIN  LAYING. 
Rules  for  drain  laying. 

Rule  1.  Before  any  portion  of  the  drainage  system  between 
the  iron  soil  pipe  of  any  building  and  the  sewer  shall  be  constructed, 
reconstructed  or  altered,  there  shall  be  filed  in  the  office  of  the  city 
engineer  a  plan  thereof  signed  by  the  owner  or  lessee  showing  said 
portion  of  such  drainage  system  entire  from  its  connection  with  the 
sewer  together  with  the  location  of  all  constructed  and  contemplated 
intermediate  fixtures.  No  portion  of  said  drainage  work  shall  be 
executed  until  said  plans  thereof  shall  have  been  approved  by  the 
city  engineer. 

City  Engineer  approve  plans  and  specifications. 

After  a  plan  has  been  approved  no  alteration  of  the  same  shall 
be  made  except  upon  the  written  appUcation  of  the  owner  or 
lessee  and  filing  of  plans  of  such  alteration.  Said  plans  shall  clearly 
explain  all  portions  of  the  proposed  construction  or  alteration. 
The  work  must  be  executed  strict^  in  accordance  with  the  approved 
plans  and  specifications.  This  regulation  also  applies  to  any  ex- 
tensions or  alterations  of  work  heretofore  done  or  partly  done 
under  prior  permits,  excepting  repairs. 

Whenever  a  drain  layer  makes  apphcation  for  a  permit  to  exe- 
cute work  at  a  place  where  the  city  engineer  shall  deem  stakes  un- 
necessary the  permit  shall  be  issued  to  him  without  the  require- 
ment of  a  fee. 

The  city  engineer  shall  be  notified  by  the  drain  layer  as  to 
the  time  when  he  proposes  to  commence  work  upon  any  sewer 
connection  or  its  appurtenances,  in  order  that  the  inspectors  may 
inspect  the  entire  progress  of  the  work.  The  drain  laj^er  must  in 
each  case  report  to  the  city  engineer  the  completion  of  such  work 
within  the  following  four  daj^s. 

Permit  from  city  engineer. 

Rule  2.  No  building  or  premises  shall  be  connected  with  any 
sewer  and  no  extension  or  alteration  of  any  existing  sewer  connect- 
tions  shall  be  made  without  a  permit  from  the  city  engineer,  and  no 
permit  shall  be  issued  until  the  applicant  shall  produce  evidence 
that  the  sewer  tax  against  the  property  to  be  sewered  has  been 
paid.  If  the  tax  is  not  yet  payable,  then  the  estimated  tax  for 
such  sewer  against  such  property  must  be  deposited  with  the  treas- 


REVISED    ORDINANCES.  335 

urer  before  a  permit  shall  be  issued.  Where  property  is  not  in  a 
sewer  district  permit  can  be  given  upon  deposit  of  the  amount  of 
tax  for  similar  frontage  in  the  district  where  the  connection  is 
sought  to  be  made.  Where  connection  is  sought  to  be  made  to  a  main 
sewer  a  treasurer's  deposit  of  50  cents  per  front  foot  of  the  property 
for  which  connection  is  sought  shall  be  exacted.  For  each  sewer 
connection  for  drainage  or  other  purposes  to  be  made  by  franchised 
or  other  corporations  using  the  streets,  twenty-five  ($25)  dollars 
shall  be  deposited  to  the  credit  of  the  sewer  fund  before  a  permit 
therefor  shall  be  issued.  Such  work  to  be  done  as  in  other  cases 
by  licensed  drain  layers. 

Inspection  drainage  work. 

Rule  3.  No  drainage  work  shall  be  covered  or  concealed  in 
any  way  until  after  it  has  been  examined  and  api^roved  by  the  in- 
spector and  a  certificate  issued  by  such-  inspector  to  that  effect. 
Stub  books  containing  duplicate  of  such  certificate,  duly  dated, 
shall  be  kept  on  file  by  the  city  engineer. 

Duties,  drain  layer. 

Rule  4.  Before  any  trenching  shall  be  done  the  drain  layer 
shall  first  ascertain  from  the  city  engineer  the  location  of  the  Y 
junction  or  slant  with  which  he  intends  to  connect  and  make  the 
necessary  excavation  to  find  and  uncover  the  same.  He  shall  then 
notify  the  city  engineer,  who  shall  thereafter  give  him  the  grade  and 
alignment  for  the  proposed  sewer  connection  or  drain.  No  ditch 
shall  be  excavated  nor  any  drain  nor  sewer  connection  shall  be 
laid  before  the  necessary  stakes  are  set  by  the  city  engineer,  and  all 
work  done  in  violation  of  this  provision  may  be  condemend  and 
required  to  be  done  over  without  extra  charge  for  the  same. 

Stakes  set  by  city  engineer. 

Rule  5.  In  case  the  drain  layer  cannot  find  a  Y  or  slant 
within  three  feet  of  the  place  designated  by  the  engineer  he  will 
be  allowed,  in  the  case  of  pipe  sewer,  to  take  up  one  length  of  pipe 
and  replace  it  with  a  junction  piece,  and  in  the  case  of  brick  sewers 
he  will  be  allowed  to  cut  through  the  arch  at  a  place  designated  by 
the  inspector.  In  no  case  will  the  drain  layer  be  allowed  to  make 
a  special  connection  without  a  written  order  from  the  city  engineer, 
and  then  only  in  the  presence  of  an  inspector,  whose  directions  must 
be  implicitly  followed.     In  all  cases,  however,  no  trench  shall  be 


336  REVISED    OllUINANCES. 

excavated  or  pipe  laid  to  any  connection  before  stakes  shall  have 
been  set  therefor  by  the  city  engineer. 

House  connection  pipes. 

Rule  6.  House  connection  pipes,  unless  otherwise  specified 
in  the  permit,  shall  be  six  inches  in  diameter,  and  shall  consist  of 
first  class  vitrified  clay  pipe  from  a  point  four  feet  outside  of  the 
building  to  the  Y  connection  or  slant  in  the  sewer. 

First  length. 

Rule  7.  The  first  lengths  of  the  connection  pipes  at  the  ''Y" 
shall  be  a  "T,"  placed  with  the  opening  on  the  upper  side  and 
provided  with  a  suitable  cap  for  closing  the  same.  Such  "T" 
shall  not  be  permanently  sealed  until  after  the  light  test  has  been 
made  by  the  inspector  assigned  to  such  work. 

Soil  pipe. 

Rule  8.  At  the  connection  of  the  drain  with  the  soil  pipe,  in 
the  absence  of  a  suitable  clean-out  and  at  all  changes  of  grade  or 
alignment,  the  drain  should  be  provided  with  a  "T"  and  cap  so  as 
to  admit  of  a  satisfactory  light  test  in  the  drain  pipe  connection. 

Hotels  and  restaurants. 

Rule  9.  In  sewer  connections  for  hotels,  restaurants,  business 
houses  or  public  buildings  and  where  several  houses  use  one  con- 
nection, manholes  of  the  form,  character,  material  and  construction 
approved  by  the  city  engineer  shall  be  built  at  such  points  on  the 
line  of  the  drain  between  the  sewer  and  buildings  as  the  engineer 
shall  direct. 

Pipes  on  grade. 

Rule  10.  All  pipes  shall  be  laid  true  to  line  and  grade  in 
strict  conformity  with  the  stakes  set  by  the  engineer,  and  in  such 
manner  that  a  light  placed  at  one  end  of  a  straight  section  shall  be 
clearly  visible  at  the  other  end  of  said  section.  The  inspector  shall 
in  all  cases  make  light  tests  of  all  portions  of  a  drain  before  such 
portions  are  covered,  and  the  construction  of  no  drain  will  be 
allowed  unless  all  parts  admit  of  and  satisfy  the  light  test.  Such 
test,  if  satisfactorily  made,  shall  be  certified  to  by  the  inspector. 


REVISED    ORDINANCES.  337 

Oakum  joints. 

Rule  11.  All  joints  in  cast  iron  drain  or  waste  pipes  shall  be 
calked  with  okum  and  lead  so  as  to  make  them  gas  tight. 

Joints. 

Rule  12.  All  joints  of  clay  pipe  shall  be  made  by  first  pressing 
a  gasket  of  oakum  tightly  into  the  joint  to  preclude  the  entrance 
of  cement  into  the  inner  surface  of  the  pipe,  and  then  after  setting 
the  pipe  into  position  as  to  grade  and  line  fresh  cement  mortar 
shall  be  pressed  into  the  joint  with  the  fingers  around  the  entire 
circumference,  special  care  V^eing  taken  to  fill  the  under  side  as  well 
as  the  upper  one  of  the  pipe. 

Inspected  and  sounded. 

Rule  13.  Before  being  lowered  into  the  trench  all  pipes  shall 
be  carefully  inspected  and  sounded  for  cracks  or  other  defects,  and 
matched,  so  that  when  joined  in  the  ditch  they  will  form  a  smooth 
line  of  tubes,  Cracked  or  otherwise  defective  pipes  will  be  con- 
demned and  removed  from   the  work. 

Wet  ground. 

Rule  14.  In  specially  wet  ground,  where  the  inspector  shall 
■deem  it  advisable,  the  gasket  shall  be  dipped  into  a  solution  of  hot 
tar,  and  the  mortar  used  for  joints  shall  be  pure  hydraulic  cement, 
mixed  with  just  enough  water  to  give  it  a  proper  consistency.  All 
surplus  cement  must  be  carefully  removed  from  the  inside  of  the 
pipes  at  once  before  it  has  had  time  to  harden,  and  the  sewer  be 
left  perfectly  clean  throughout  the  whole  length. 

No  joint  shall  be  cemented  before  the  gasketing  of  the  joint 
next  in  advance  has  been  finished.  When  the  joint  is  finished 
great  care  will  be  taken  not  to  disturb  the  pipes  by  stepping  on  or 
near  them. 

Rule  15.  All  excavations  shall  be  done  by  open  cut  from  the 
surface. 

If  any  excavation  is  made  at  any  point  other  than  that  de- 
scribed in  the  application. for  the  permit  the  party  making  such 
excavation  shall  be  liable  as  if  no  permit  had  been  issued. 

Rule  16.  Trenches  in  public  streets  or  alleys  shall  he  exca- 
vated so  as  to  impede  the  public  travel  as  little  as  possible.  The 
crossings  of  gutters  and  all  waterways  shall  be  left  in  such  shape  as 
to  admit  of  the  ready  escape  of  water  duriiig  storms. 


338  REVISED    OllOIXAXCES. 

Planks  shall  always  be  provided  where  sidewalks  or  crossings 
are  open,  so  as  to  facilitate  easy  crossing  over  trenches. 

Red  lights. 

Rule  17.  Red  lights  shall  be  kept  around  all  unfinished 
work  at  night,  and  fences  or  other  suitable  and  sufficient  barricades 
against  accident  shall  be  placed  around  excavations  at  all  times. 

Rule  18.  Work  on  public  streets  must  not  be  unnecessarily 
delayed,  and  when  directed  by  the  city  engineer  the  number  of 
workmen  shall  be  increased  to  hasten  the  work  as  shall  be  deemed 
necessary  for  the  public  interest. 

Six  feet  deep. 

Rule  19.  Trenches  in  depth  of  six  (6)  feet  or  over  and  in  all 
made  or  otherwise  treacherous  soil,  or  near  large  brick  building 
walls,  shall  be  property  braced,  and  the  licensee  and  his  bondsmen 
shall  be  liable  for  all  damages  by  reason  of  neglect  in  this  respect. 

Refilling  trenches. 

Rule  20.  The  refilling  of  all  trenches,  if  in  unpaved  streets 
or  alleys,  shall  be  well  and  thoroughly  done  in  uniform  layers  of 
not  exceeding  nine  (9)  inches  and  tamped  with  a  tamper  weighing 
not  less  than  twenty  (20)  pounds  and  having  a  surface  of  not  more 
than  six  (6)  inches  in  diameter,  or  with  puddled  earth,  as  may  be 
directed  by  the  inspector  assigned  to  such  work,  so  as  to  replace  all 
excavated  material  and  leave  the  surface  in  as  good  condition  as 
found  before  the  commencement  of  the  work. 

Refilling  trenches,  paved  streets. 

Rule  21.  The  refilling  of  all  trenches,  if  in  paved  streets  or 
alleys,  shall  be  carefully  and  thoroughly  done  m  uniform  layers  of 
not  exceeding  nine  (9)  inches,  and  tamped  with  a  tamper  weighing 
not  less  than  twenty  (20)  pounds  and  having  a  surface  of  not  more 
than  six  (6)  inches  in  diameter.  All  paving  material  shall  be  re- 
newed or  replaced  in  as  perfect  and  substantial  a  condition  as  before 
excavating,  under  the  supervision  of  the  inspector  assigned  to  such 
duties,  and  in  the  event  of  settling  within  twelve  months  after  being 
refilled  and  repaired  the  City  Engineer  shall  have  the  right 
and  it  shall  be  his  duty  to  demand  and  require  its  restoration 
by  the  party  who  made  such  excavation,  and  it  shall  be  the  duty 
of  the  party  who  made  such  excavation  to  proceed  to  make  good 


REVISED    ORDINANCES.  339 

svich  work  within  twenty-four  (24)  hours  after  such  demand,  and  to 
complete  the  same  within  a  reasonable  time  thereafter.  All  sur- 
plus material  in  all  cases  of  excavation  shall  be  taken  off  the  street 
at  once  and  delivered  at  such  point  as  such  engineer  may  direct.  It 
shall  be  the  duty  of  any  party  making  any  excavation,  in  any  paved 
street  or  alley  under  guarantee  contract,  immediately  upon  the 
completion  of  the  work  vipon  said  excavation  to  cause  the  same  to 
be  repaved  by  the  party  having  the  contract  for  such  repairs  or 
maintenance. 

A  thorough  inspection  of  all  excavations  in  streets,  alleys  or 
public  grounds  must  be  made  by  the  officer  in  charge  of  such  ex- 
cavations or  the  inspector  assigned  to  such  duty  before  the  expira- 
tion of  the  time  of  the  liability  of  the  party  making  such  excavations. 

Boilers. 

Rule  22.  Steam  from  boilers  and  the  waste  from  elevators 
must  be  discharged  into  catch  basins  and  not  directly  into  sewers. 

Junction  pipes. 

Rule  23.  No  junction  pipe  shall  be  cut  or  taken  up  for  con- 
nection purposes  without  a  special  permit,  and  then  only  in  the 
presence  of  the  proper  inspector. 

Storm  water  sewers. 

Rule  24.  Storm  water  connections  to  conduct  water  from 
yards  or  overflow  pipes  from  cisterns  will  be  permitted  only  with 
storm  water  sewers. 

Sewers  caving  in. 

Rule  25.  Accidents  to  sewers  by  caving  in  or  cleansing  of 
private  connections  must  be  promptly  reported  to  the  officers  in 
charge  of  such  work,  and  no  "Ys"  shall  be  uncovered  for  any 
sewer  connection,  except  in  the  presence  of  the  proper  inspector. 

Manhole. 

Rule  26.  Entrance  into  man  holes  or  the  opening  of  the  same 
except  by  the  officer  in  charge  thereof  or  the  inspector  assigned  to 
such  duty,  isstrictly  prohibited. 

Open  sewers. 

Rule  27.  In  no  case  shall  any  trench  in  any  paved  street  or 
alley  be  allowed  to  remain  open  longer  than  three  days. 


340  REVISED    ORDINANCES. 

Rules,  water  pipe. 

Rule  28.  No  water  connection  pipe  shall  be  laid  in  the  same 
trench  with  sewer  connections  or  drain  pipes. 

Section  2.  That  the  provisions  and  regulations  contained  in 
the  foregoing  rules,  together  with  such  instructions  from  the  city 
engineer  as  he  may  deem  proper  shall  extend  over  and  govern 
the  construction,  reconstruction,  alterations  and  repairs  of  that 
portion  of  the  drainage  or  sewerage  system  of  all  buildings  extend- 
ing from  the  end  of  the  iron  soil  pipe  outside  of  the  building  to  the 
"Y"  or  slant  in  the  sewer. 

Section  3.  Any  person  or  persons  ■v^'ho  shall  violate  any  of 
the  provisions  of  this  chapter  or  any  of  the  foregoing  rules  or 
regulations,  or  who  shall  fail  or  neglect  to  comply  with  any  of  said 
provisions,  rules  or  regulations,  shall  be  considered  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  in  any  sum 
not  exceeding  one  hundred  (SlOO)  dollars  for  each  offense,  or  shall 
be  imprisoned  for  not  exceeding  thirty  days  in  the  city  jail,  or 
both,  in  the  discretion  of  the  court,  and  if  the  guilty  party  be  a 
licensed  drain  layer  or  plumber  the  license  shall  be  declared  for- 
feited. 


REVISED    ORDINANCES.  341 

CHAPTER  LXIII. 

POLICE. 
Sale  of  unclaimed  goods. 

Section  1 .  That  the  chief  of  pohce  be  and  is  hereby  empow- 
ered to  offer  for  sale  and  sell  at  public  auction  to  the  highest  bidder 
for  cash,  upon  giving  ten  (10)  days'  notice  of  the  sale,  all  personal 
property  taken  from  persons  arrested  and  searched,  or  which  may 
be  left  or  deposited  with  the  chief  of  police  or  the  police  department 
by  persons  arrested,  detained  or  accused  of  crime;  said  sale  to  take 
place  at  the  police  station  and  the  notice  of  such  sale  to  be  published 
for  at  least  ten  (10)  days  in  the  official  newspaper  of  the  city; 
Provided,  that  no  such  property  shall  be  offered  or  sold  unless  it 
shall  have  remained  unclaimed  and  uncalled  for  by  the  person 
from  whom  it  was  taken  for  a  period  of  six  months  after  the  dis- 
charge, liberation  or  departure  of  the  person  from  whom  such 
property  was  taken. 

Section  2.  That  all  moneys  arising  from  the  sale  of  the  un- 
claimed property  mentioned  in  section  1,  after  deducting  the  ex- 
penses incident  to  the  sale,  shall  be  paid  into  and  placed  to  the  credit 
of  the  police  relief  fund. 

Bond  of  policeman. 

Section  3.  That  every  member  of  the  police  department, 
before  entering  upon  his  duties,  shall  file  a  bond  with  the  board  of 
fire  and  police  commissioners  of  the  city  of  Omaha  in  the  sum  of 
one  thousand  dollars  ($1,000)  in  favor  of  the  city  of  Omaha,  con- 
ditioned to  hold  the  city  of  Omaha  harmless  from  any  loss  or  lia- 
bility by  reason  of  his  appointment  and  for  the  faithful  and  im- 
partial performance  of  his  duties  as  such  member  of  the  police  de- 
partment and  to  deliver  to  the  city  of  Omaha,  or  to  some  person 
duly  authorized  to  receive  the  same,  all  property  in  his  possession 
belonging  to  said  city.  Said  bond  shall  be  executed  as  required  by 
the  act  incorporating  metropolitan  cities. 

Provided  further,  that  this  section  shall  not  ajiply  to  and  shall 
not  be  construed  to  apply  to  the  chief  of  police. 

New  bonds. 

Section  4.  That  all  members  of  the  police  department,  ex- 
cept the  chief  of  police,  shall,  whenever  required  by  the  board  of 


342  REVISED    ORDINANCES. 

fire  and  police  commissioners,  of  the  city  of  Omaha,  file  with  said 
board  new  bonds  conditioned  as  provided  in  section  3,  and  to  be 
approved  by  said  board. 

Duty. 

Section  5.  It  shall  be  the  duty  of  all  policemen  and  police 
officers  of  this  city  to  become  thoroughly  conversant  with  the  ordi- 
nances of  this  city  and  to  see  that  the  same  are  strictly  enforced  at 
all  times.  They  shall  have  power  to  arrest  any  person  on  view  for 
the  violation  of  any  of  the  ordinances  of  this  city  or  laws  of  this  state 
or  to  take  into  custody  any  arrested  person  from  the  custody  of 
any  officer  of  this  city  or  state,  or  any  private  person  authorized 
to  make  an  arrest,  and  take  such  arrested  person  before  the  police 
judge,  or  to  the  city  jail,  as  the  case  may  be,  and  after  conviction, 
or  being  held  on  preliminary  examination,  to  take  and  carry  any 
prisoner  to  the  proper  jail  or  place  of  confinement  within  the  county. 
They  shall  notice  all  nuisances  existing  with  the  city  limits  of  their 
respective  beats  and  all  obstructions  to  sidewalks  or  streets  therein, 
and  shall  forthwith  notify  the  person  or  persons  guilty  of  committing 
or  permitting  such  nuisance  or  obstruction  to  streets  or  sidewalks 
to  comply  at  once  with  the  ordinances  of  the  city  relating  thereto. 
If  the  per-son  or  persons  so  notified  shall  refuse  or  shall  neglect  for  the 
space  of  twenty-four  hours  after  such  notice  is  given,  to  comply 
with  the  provisions  of  the  ordinances  of  this  city,  the  policeman  or 
officer  so  notifying  such  person  or  persons  shall  thereupon  make 
a  sworn  complaint  against  such  person  or  persons  for  such  viola- 
tion.    . 

Demand  Assistance. 

Section  6.  The  pohcemen  and  police  officers  of  this  city, 
or  any  of  them,  shall  have  full  power  and  authority  to  call  on  any 
person  whenever  necessary  to  assist  him  or  them  in  making  any 
arrest  or  to  take  any  prisoner  before  the  police  judge,  or  to  or  from 
the  jail  or  other  place  of  confinement,  and  any  person  who  shall 
knowingly  fail,  neglect,  or  refuse  to  assist  any  such  officer  whenever 
called  on  by  him  so  to  do,  shall,  on  conviction  thereof,  be  fined  in 
any  sum  not  less  than  ten  ($10)  dollars  nor  more  than  fifty  ($50) 
dollars,  and  may  also  be  imprisoned  not  to  exceed  thirty  days. 

Obstructing  policemen. 

Section  7.  If  any  person  shall  knowingly  or  wilfully  obstruct, 
resist  or  oppose  any  such  officer  in  the  execution  of  his  office  or 


REVISED    ORDINANCES.  343 

any  special  policeman  in  the  discharge  of  his  dvities,  or  any  person 
called  to  his  assistance  as  above  provided  for,  he  or  she  so  resisting, 
obstructing  or  opposing,  shall,  on  conviction  thereof,  be  fined  in 
any  sum  not  less  than  ten  ($10)  dollars,  nor  more  than  one  hundred 
($100)  dollars,  or  be  imprisoned  not  to  exceed  ninety  days,  or  both, 
at  the  discretion  of  the  court,  for  every  such  offense. 

Personating  policemen. 

Section  8.  If  any  person  other  than  a  regular  policeman 
or  police  officer  of  this  city  shall,  within  the  limits  of  the  city  of 
Omaha,  wear  a  badge  similar  to  or  resembling  the  badges  pre- 
scribed for  or  furnished  the  police  force  of  this  city,  or  shall  falsely 
and  wilfully  personate  or  endeavor  to  personate  any  policeman, 
or  shall  falsly  pretend  to  be  a  policeman,  and  shall  seek  to  exercise 
any  authority  as  such,  or  shall  do  or  attempt  to  do  any  other  act 
under  color  of  such  pretended  authority,  every  such  person  shall 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  ten  ($10)  dollars,  nor  more 
than  fifty  ($50)  dollars,  and  inijjrisoned  not  to  exceed  thirty  days 
for  every  such  offense. 

Abusing  prisoners. 

Section  9.  No  policeman  shall  unnecessaril}^  beat  or  abuse 
any  prisoner  in  his  custody,  or  in  the  custody  of  any  officer,  and 
every  policeman  so  doing  shall,  on  conviction  thereof  before  the 
police  court,  be  fined  not  to  exceed  twenty  ($20)  dollars. 

Special  policemen. 

Section  10.  That  the  mayor  may,  bj^  and  with  the  concur- 
rance  of  the  board  of  fire  and  police  commissioners,  appoint  special 
policemen  upon  the  request  of  anj-  person,  co-partnership,  society, 
association,  department  of  the  city  government  of  the  city  of  Omaha, 
company  or  body  corporate  desiring  the  services  of  a  special 
policeman  in  or  about  his,  its,  or  their  business  or  property,  upon 
their  agreeing  to  defray  all  the  expenses  of  the  maintenance  of 
such  special  policeman  and  to  hold  the  city  of  Omaha  harmless 
by  reason  of  such  appointment.  Provided,  that  the  mayor,  may, 
by  and  with  the  concurrance  of  the  board  of  fire  and  police  com- 
missioners, appoint  such  policeman  upon  the  request  of  any  person, 
copartnership,  association,  company,  or  body  corporate  engaged 
in  the  business  of  watching  or  protecting  property  and  desiring 


344  REVISED    ORDINANCES. 

the  services  of  such  policeman  in  or  about  the  conduct  of  said 
business  upon  their  agreeing  to  defray  all  expenses  of  the  main- 
tenance of  such  policeman  and  to  hold  the  city  of  Omaha  harmless 
by  reason  of  such  appointment. 

Bond. 

Section  11.  Every  special  policeman  before  being  appointed 
as  above  provided  shall  file  abond  with  the  board  of  fire  and  police 
commissioners  in  the  sum  of  one  thousand  dollars  ($1,000.00) 
in  favor  of  the  city  of  Omaha,  conditioned  to  hold  said  city  of 
Omaha  harmless  from  any  loss  or  liability  by  reason  of  his  appoint- 
ment as  such  special  policeman  and  for  the  faithful  performance 
of  his  duties  as  such  special  policeman  and  to  deliver  to  the  city 
of  Omaha,  or  to  some  person  duly  authorized  to  receive  the  same 
all  property  in  his  possession  belonging  to  said  city.  Said  bond 
shall  be  signed  by  two  or  more  sureties  to  be  approved  by  said 
board. 

Provided,  however,  that  special  policemen  may  be  appointed 
without  filing  bonds  in  cases  of  emergency  or  in  cases  where  ap- 
pointments are  made  for  temporary  purposes  only.  In  such 
cases  the  board  of  fire  and  police  commissioners  shall  have  the  power 
to  waive  the  filing  of  such  bonds. 

Oath. 

Section  12.  All  special  policemen,  appointed  under  this 
chapter  shall  take  and  file  in  the  office  of  the  board  of  fire  and 
police  commissioners  the  usual  oath  of  office. 

Pay. 

Section  13.  The  person,  copartnership,  association,  com- 
pany or  body  corporate  at  whose  instance  such  special  policeman 
shall  be  appointed  shall  be  responsible  for  the  pay  of  such  officers 
and  the  city  of  Omaha  shall  in  no  case  incur  any  liability  of  any 
character  whatever  by  reason  of  the  appointment  of  such  special 
policemen. 

Provided,  hoivever.  that  persons  appointed  special  police- 
men at  the  request  of  a  department  of  the  city  government  shall 
receive  no  extra  compensation  for  their  services  as  special  police- 
men. 


REVISED    ORDINANCES.  345 

Powers — Removal. 

Section  14.  All  special  policemen,  appointed  under  this 
chapter  shall  have  the  powers  of  regular  policemen  in  the  discharge 
of  their  duties :  shall  be  exclusively  employed  and  engaged  in  and 
about  the  business  of  the  person,  copartnership,  association, 
department  of  the  city  government,  company,  or  body  corporate 
at  whose  instance  they  respectively  were  appointed;  shall  be  under 
the  jurisdiction  and  subject  to  the  direction  of  the  chief  of  police 
and  of  the  board  of  fire  and  police  commissioners;  and  may  be 
removed  by  said  board  whenever  said  board  shall  consider  and 
declare  said  removal  necessary  for  the  more  effective  working  or 
service  of  the  police  department  or  for  the  best  interests  of  the 
city  of  Omaha. 

Police,   Notify   Owners   of    Abutting    Premises   of  Dangerous   Substances  in 
Streets. 

See  Misdemeanors,  Section  74. 

Police,  Not  to  Collect  Certain  Fines  and  Penalties,  Dismissal  from  Service 
See  Misdemeanors,  .Section  47. 


346  REVISED    ORDINANCES. 

CHAPTER  LXIV. 

POLICE  COURT  CLERK. 
Office  created. 

Section  1.  That  a  clerk  of  the  poUce  court  of  the  city  of 
Omaha  be  and  hereby  is  provided,  and  the  office  of  clerk  of  said 
police  court  be  and  hereby  is  created,  said  clerk  to  be  appointed 
by  the  mayor  by  and  with  the  consent  of  a  majori,ty  of  the  entire 
council,  and  to  be  subject  to  removal  from  said  office  by  the  mayor 
at  any  time  by  and  with  the  consent  of  a  majority  of  the  entire 
council. 

Bond  and  salary. 

Section  2.  That  the  clerk  of  the  police  court  shall  be  required 
to  give  bond  in  the  sum  of  five  thousand  dollars  ($5,000)  con 
•ditioned  as  required  by  the  act  incorporating  metropolitan  cities. 
He  shall  receive  a  salary  at  the  rate  of  one  hundred  dollars  ($100) 
per  month,  which  said  salary  shall  be  in  full  for  the  services  of 
said  clerk. 

Duties. 

Section  3.  It  shall  be  the  duty  of  the  clerk  of  the  police 
court  to  administer  oaths,  issue  warrants,  subpoenas  and  all  other 
process  that  may  be  necessary,  to  take  and  approve  bail  in  all 
bailable  cases,  to  make  up  the  records  of  the  police  court,  and 
make  in  proper  form  the  records  of  all  cases  appealed,  preserve 
all  papers  while  in  said  court,  and  perform  such  other  duties  as 
may  from  time  to  time  be  imposed  upon  him  by  law  or  ordi- 
nance. He  shall  be  subject  to  the  general  direction  of  the  police 
judge. 

Additional  duties. 

Section  4.  It  shall  also  be  the  duty  of  said  clerk  to  attend 
upon  and  fully  and  faithfully  record  the  proceedings  of  the  police 
court  of  the  city  of  Omaha.  He  shall  report  at  the  end  of  each 
week  to  the  city  council  all  witness  fees  collected  by  him  and  in 
his  possession,  and  he  shall  also  at  the  end  of  each  week  pay  over 
to  the  city  council  of  the  city  of  Omaha  all  fines,  fees  and  costs 
collected  by  him.     He  shall  also  furnish  to  the  comptroller  at 


REVISED    ORDINANCES.  347 

the  end  of  each  month  a  full  and  detailed  statement  of  all 
fines,  fees  and  costs  collected  by  him  or  collected  by  the  police 
judge.  He  shall  also  at  such  time  report  to  the  comptroller  the 
fines  inflicted,  costs,  charges,  and  the  amounts  paid  and  unpaid, 
and  the  disposition  made  thereof. 


348  REVISED    ORDINANCES. 


CHAPTER  LXV. 

POLICE  JUDGE. 

Police  judge — Election  of. 

Section  1.  That  at  the  general  election  of  the  state  of  Nebras- 
ka, held  in  the  county  of  Douglas,  state  of  Nebraska,  on  Tuesday 
succeeding  the  first  Monday  in  November,  A.  D.  1901,  and  every 
two  years  thereafter,  there  shall  be  elected  within  the  city  of  Omaha 
by  the  electors  of  said  city  a  police  judge  for  said  city  of  Omaha  for 
the  term  of  two  years  from  the  first  Tuesday  in  January  next 
following  such  election,  and  until  his  successor  shall  be  elected  and 
qualified. 

Duties,  County  Clerk. 

Section  2.  It  is  hereby  made  the  duty  of  the  county  clerk  of 
said  Douglas  County  to  cause  to  be  printed  in  the  ballots  required 
by  law  to  be  provided  for  the  several  wards  and  voting  districts 
within  said  city  at  such  elections  the  name  of  every  candidate  for 
said  office  of  police  judge  whose  name  has  been  certified  to  or  filed 
with  said  county  clerk  in  the  manner  provided  by  law,  and  it  is 
also  hereby  made  the  duty  of  the  mayor  of  said  city  to  issue  a  proc- 
lamation to  the  qualified  voters  of  said  city  at  least  twenty  days 
before  each  of  such  elections  setting  forth  the  time  when  and  places 
where  such  election  for  police  judge  of  said  city  will  be  held  and 
cause  copies  of  such  proclamation  to  be  posted  up  in  at  least  three 
public  places  in  each  ward  of  said  city,  and  published  in  the  official 
paper  or  papers  of  said  city  at  least  ten  days  prior  to  such  election, 
which  said  time  when  and  places  where  said  election  shall  be  held 
in  each  election  district  shall  be  the  same  as  designated  for  holding 
said  election  for  the  election  of  state  and  count}^  officers,  and  the 
polls  at  such  election  shall  remain  open  between  the  hours  specified 
by  law  and  shall  be  condvicted  in  accordance  with  the  provisions 
of  law  provided  for  such  general  elections. 

Duties — Judges  and  clerks. 

Section  3.  It  shall  be  the  duty  of  the  judges  and  clerks  at 
the  close  of  the  polls  of  such  election  to  canvass  and  ascertain  the 
result  of  such  election  for  said  office  of  police  judge  in  addition  to 
canvassing:  and  ascertaining;  the  result  of  such  election  for  other 


RKVISED    ORDINANCES.  349 

officers,  and  the  ballots  cast,  marked  or  rejected  at  such  elections 
in  each  of  said  election  districts,  together  with  the  poll  books  pro- 
vided by  the  county  clerk  shall  be  conveyed  to  the  county  clerk 
of  said  Douglas  county  as  required  by  law  to  be  received  and 
canvassed  as  provided  by  said  law. 

Abstract  vote. 

Section  4.  It  shall  be  the  duty  of  said  county  clerk  upon  the 
receipt  of  such  returns  and  within  sixty  days  after  the  closing  of 
the  polls,  together  with  two  disinterested  electors  to  be  chosen  by 
himself,  to  open  the  poll  books  so  returned  from  the  several  voting 
districts  within  said  city,  and  from  the  returns  therein  make  an 
abstract  of  the  votes  cast  in  said  districts  at  such  election  for  said 
office  of  police  judge,  and  preserve  the  same  in  his  office,  and  also 
upon  the  completion  of  such  canvass  make  a  duly  certified  copy  of 
such  abstract  and  seal  the  same  up,  addressed  to  the  city  council  of 
the  city  of  Omaha,  endorsed  ''Abstract  of  votes  cast  for  the  office 
of  police  judge  for  the  city  of  Omaha  at  the  general  election  held 
November  — ,  19 — ,"  and  file  the  same  with  the  city  clerk  of  said 
city. 

Council  to  canvass  returns. 

Section  5.  At  the  first  regular  meeting  of  the  city  council 
after  the  filing  of  such  abstract  of  votes  it  shall  be  the  duty  of  the 
council  to  canvass  the  votes  cast  for  the  office  of  police  judge  of 
said  city  as  shown  by  such  abstract,  and  to  declare  the  person 
receiving  the  highest  number  of  votes  as  shown  by  such  canvass 
duly  elected  as  such  police  judge,  and  to  cause  the  city  clerk  to 
issue  to  such  person  a  certificate  of  election. 

Privies,  Cess  Pools,  etc. 

Sec  Misdemeanors,  Sections  62  and  63. 

Prize  Fighting. 

See  Misdemeanors,  Section  8. 


350  REVISED    ORDINANCES. 

CHAPTER  LXVI. 
PRISONERS. 

Judgment — Work  out  fine — Allowance. 

Section  1.  Whenever  the  police  judge  shall  find  any  person 
guilty  of  offending  against  the  ordinances  of  the  citj^,  or  of  mis- 
demeanors under  the  laws  of  the  state  arising  within  the  limits  of 
the  city,  when  the  fine  does  not  exceed  one  hundred  ($100)  dollars 
or  the  imprisonment  three  months,  said  police  judge  shall  declare 
the  punishment  to  be  adjudged  against  such  person,  which  shall  be 
by  fine  or  imprisonment  or  both,  and  shall  render  judgment  accord- 
ingh'.  It  shall  be  a  part  of  the  judgment  that  the  defendant  stand 
committed  until  the  judgment  be  complied  with,  and  all  fines  and 
costs  are  paid.  Said  police  judge  shall  further  provide  as  a  part  of 
said  judgment  that  until  such  judgment  be  complied  with,  and  such 
fine  and  costs  are  paid,  said  defendant  be  required  to  and  shall 
work  out  said  fine  and  costs  on  the  public  streets,  alleys  or  grounds 
of  the  city,  or  at  any  other  place  that  may  be  provided  to  be  done. 
Said  defendant  shall  be  credited  for  work  done  at  the  rate  of  two 
(S2)  dollars  per  day  for  each  day  said  defendant  shall  actually 
work. 

Section  2.  The  work  shall  be  of  such  character  and  shall  be 
done  at  such  times  and  places  and  in  such  manner  as  the  city  engineer 
shall  designate,  and  shall  be  done  under  the  supervision  of  said  city 
engineer,  and  for  that  purpose  the  city  engineer  is  authorized  to 
employ  an  overseer  and  team  when  necessary. 

Refractory  prisoners — Penalty. 

Section  3.  Any  person  so  adjudged  to  hard  labor  who  shall 
attempt  to  escape  from  custody  while  engaged  in  said  work,  or 
going  to  or  returning  therefrom,  or  who  shall  become  refractory  or 
refuse  to  work,  shall  thereafter  have  a  ball  of  not  less  than  ten 
pounds  in  weight  securely  attached  to  his  leg  by  a  chain,  and  during 
the  days  that  he  is  idle  from  any  misconduct  aforesaid  he  shall  be 
fed  on  bread  and  water;  Provided,  that  whenever  the  conduct  and 
bearing  of  the  prisoner  will  warrant  it,  the  ball  and  chain  may  be 
removed,  in  the  discretion  of  the  officer  in  whose  custody  he  may 
be. 


REVISED    ORDINANCES.  351 

CHAPTER  LXVII. 

Produce,  sale  of.  PRODUCE,  SALE  OF. 

Section  1.  It  shall  be  unlawful  for  any  person  to  sell  or  offer 
for  sale,  barter  or  exchange  any  car  load  lot  or  any  less  quantity, 
of  fruit,  vegetable  or  farm  produce,  butter,  cheese,  eggs,  game  or 
poultry  contained  in  any  railroad  car  or  in  any  railroad  freight 
depot  or  ware  rooms  within  the  city  of  Omaha  without  first  ob- 
taining a  hcense  to  engage  in  such  business;  Provided,  hotvever, 
the  provisions  of  this  section  shall  not  apply  to  any  farmer,  gardener, 
fruit  or  vine  grower  engaged  in  selling  the  produce  of  his  farm,  gar- 
den, orchard  or  vineyard,  nor  any  commission  merchant,  firm  or 
company  having  a  warehouse  and  established  place  of  business  in 
the  city  of  Omaha;  Provided,  further,  that  any  farmer,  gardener, 
or  vine  grower  when  engaged  in  selling  any  produce  as  herein 
described  shall  when  reciuired  by  the  hcense  inspector,  or  any 
other  police  officer,  make  an  affidavit  that  the  produce  he  is  then 
selling  or  offering  for  sale,  was  raised  b}-  himself  or  employes,  and 
said  affidavit  shall  also  describe  the  township,  section  and  range, 
county  and  state,  the  land  owned  or  leased  by  him,  on  which  said 
produce  was  raised. 

Fees. 

Section  2.  The  following  rates  shall  be  charged  for  licenses 
issued  under  the  provisions  of  this  chapter: 

For  a  license  to  engage  in  such  business  from  Januarylst  to 
June  30th,  the  sum  of  fifty  ($50)  dollars. 

For  a  license  to  engage  in  such  business  from  July  1st  to  De- 
cember 31st,  the  sum  of  fifty  ($50)  dollars. 

For  a  license  to  sell  by  the  car  load,  ten  ($10)  dollars  for  each 
and  every  car. 

Penalty. 

Section  3.  Any  person,  company,  corporation  or  firm  en- 
gaged in  the  business  or  occupation  mentioned  in  section  1  of  this 
chapter  without  first  taking  out  a  license  as  herein  required  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  for  each  offense  be  fined  not  less  than  fifteen  ($15)  dollars  nor 
more  than   thirty  ($30)   dollars. 

Prostitution. 

Sec  Misdemeanors,  Sections  17,  IDS  and  109. 
Prostitution,  Houses  of, 

Sec  .Misdemeanors,  Section  47. 


352  REVISED    OEDINANCES. 

CHAPTER  L  XVIII. 

Use  of  streets.  RAILROADS. 

Section  1.  That  the  right  and  authority  to  use  that  part 
of  the  several  streets  and  alleys  which  has  heretofore  or  which 
ma}^  hereafter  be  authorized  b}"  ordinance  to  be  used  for  construct- 
ing or  operating  railroad  tracks  thereon,  is  hereby  granted  to  any 
and  all  railroad  companies  now  or  hereafter  existing  or  doing  busi- 
ness in  the  city  of  Omaha,  for  switching  such  cars  thereon  which 
may  be  necessary  for  the  use,  benefit  and  accommodation  of  stores, 
warehouses,  factories  or  other  l^uildings  now  or  hereafter  erected 
along  the  same,  subject  to  the  terms  and  conditions  contained 
in  this  chapter  or  that  may  hereafter  be  provided  by  an  amend- 
ment thereto. 

Subject  to  condition. 

Section  2.  That  the  several  railroad  companies  now  having 
tracks  upon  any  street  or  alley  in  the  city  of  Omaha,  in  pursuance 
of  permission  and  authority  heretofore  granted  under  any  ordi- 
nance of  the  city,  shall  have  the  right  to  operate  and  maintain 
such  tracks  on  that  part  of  the  same  now  actually  occupied,  sub- 
ject to  the  conditions  of  this  chapter  and  subject  to  all  general 
ordinances  now  existing  or  which  may  hereafter  be  in  force  con- 
cerning railroads  or  the  use  of  railroad  tracks  in  said  city.  Provided, 
hovserer,  that  all  other  railway  companies  are  allowed  to  connect 
and  be  permitted  to  also  use  said  tracks,  or  tracks  connecting 
therewith,  upon  just  and  reasonable  terms,  compensation  and 
rules  regarding  the  use  thereof,  such  terms,  compensation  and 
rules  to  be  agreed  upon  between  said  companies,  or,  in  case  said 
companies    cannot    agree,    to  be  determined  by  ordinance. 

Tracks,  how  constructed. 

Section  3.  All  tracks  upon  any  street  or  alley  shall  be  con- 
structed in  accordance  with  the  grade  of  said  street  or  alley,  as 
may  be  determined  by  the  city  engineer,  and  all  pavements  dis- 
turbed in  the  laying  or  repairing  of  any  track  shall  be  replaced  in 
good  and  perfect  condition,  and,  when  required  so  to  do  by  ordi- 
nance, the  railroad  company  owning  the  track  on  any  street  or 
alley  shall  pave  and  repave  between  the  rails  of  said  track  and 


REVISED    OllDINANCES.  353 

for  the  distance  of  one  foot  on  the  outside  of  the  rails  thereof, 
at  such  times,  and  in  such  manner,  and  with  such  material,  as 
may  be  required  by  the  city  engineer  of  said  cit}'  or  by  ordinance, 
and  will  so  operate  said  tracks  and  cars  thereon  as  not  to  deprive 
the  public  of  the  use  and  enjoyment  of  such  part  of  said  street 
or  alley,  and  so  as  to  interfere  as  httle  as  possible  with  the  full 
and  free  travel  thereon,  and  so  as  to  not  interfere  with  or  injure 
any  man-hole  or  sewer,  or  the  drainage  o?  sewerage  of  said  street 
or  alley. 

Save  City  harmless. 

Section  4.  The  right  to  use  and  operate  any  such  track 
shall  also  be  on  condition  that  the  company  or  companies  con- 
structing, using  or  operating  the  same  will  save  the  city  free  and 
harmless  from  all  damages,  costs,  expenses  and  suits  arising  out 
of  such  construction,  use  or  operation  of  such  street  or  alley  by 
the  company  constructing,  using  or  operating  said  track. 

Charges. 

Section  5.  For  the  purpose  of  securing  fair  and  equitable 
switching  rates  and  proper  rules  for  the  use  of  any  railroad  track 
on  any  public  street  or  alley  in  the  city  of  Omaha,  the  city  shall 
have  the  right  to  determine  by  ordinance  at  any  time  the  reason- 
able charges  for  switching  cars,  and  the  rules  as  to  the  time  and 
manner  of  switching  the  same. 

Acceptance  of  terms. 

Section  6.  The  construction  of  any  railroad  track  on  any 
street  or  alley  in  the  city  of  Omaha  or  the  maintenance,  use  or 
operation  of  any  track  for  the  term  of  sixty  days  from  the  passage 
and  approval  of  this  ordinance  shall  be  deemed,  considered  and 
held  to  be  an  acceptance  of  all  the  terms  and  conditions  of  this 
ordinance. 

Omaha  Belt  Line, 

Section  7.  That  the  Omaha  Belt  Railway  Company  be  and 
hereby  is  required  to  light  its  railway  within  the  city  of  Omaha, 
by  erecting  and  placing  at  a  sviital)le  and  u'^ual  distance  from  the 
ground,  electric  lamps  known  as  arc  light  lamps,  with  the  fixtures 
ap}iaratus  and  electricity  necessary  for  furnishing  for  each  lamp 
noininallv  two  thousand  caiidlc   powci'  liuhts,  and   inaintain  such 


354  REVISED    ORDINANCES. 

lamps  and  provide  such  light  from  sunset  in  the  evening  until  sun- 
rise in  the  morning  of  each  day,  at  the  points  of  location,  as  fol- 
lows: 

At  the  13th  and  California  street  crossing. 

At  the  24th  street  crossing. 

At  the  30th  street  crossing. 

At  the  Commercial  street  crossing. 

At  the  45th  and  Cuming  street  crossing. 

At  the  43rd  and  Nicholas  street  crossing. 

Section  8.  That  the  Union  Pacific  railway  company  be  and 
hereby  is  required  to  light  its  railway  within  the  city  of  Omaha  by 
erecting  and  placing  at  a  suitable  and  usual  distance  from  the 
ground,  electric  lamps,  known  as  arc  light  lamps  with  the  fixtures, 
apparatus  and  electricity  necessary  for  furnishing  for  each  lamp 
nominally  two  thousand  candle  power  light,  and  maintain  such 
lamps  and  provide  such  lights  from  sunset  in  the  evening  until 
sunrise  in  the  morning  of  each  day,  at  the  point  of  location  as 
follows : 

At  6th  and  Douglas  street  crossing. 

Union  Pacific  R.  R. 

Section  9.  That  the  Union  Pacific  Railway  Company  and 
the  Burlington  &  Missouri  River  Railroad  in  Nebraska  be  and 
are  hereby  required  to  light  their  railways  in  the  city  of  Omaha 
by  erecting  and  placing  at .  a  suitable  and  usual  distance  from 
the  ground,  electric  light  lamps,  with  fixtures,  apparatus  and  elec- 
tricity necessary  for  furnishing  for  each  lamp  nominally  two 
thousand  candle  power  lights,  and  maintain  such  lamps  and  pro- 
vide such  lights  from  sunset  in  the  evening  until  sunrise  in  the 
morning  of  each  day,  at  the  point  of  location  as  follows: 

At  the  7th  and  Douglas  street  crossing. 

That  said  light  at  the  7th  and  Douglas  street  crossing  to  be 
erected,  placed  and  maintained  by  said  Union  Pacific  Railway 
Company  and  the  Burlington  &  Missouri  River  Railroad  Company 
in  Nebraska;  the  cost  of  such  erecting,  placing  and  maintaining 
to  be  borne  by  the  said  companies  in  the  proportion  of  one  half 
to  each. 


REVISED    ORDINANCES.  355 

Union  Pacific  R.  R. 

Section  10.  That  the  Union  Pacific  Railway  Company, 
Burlington  &  Missouri  River  Railroad  Company  in  Nebraska, 
and  the  Chicago,  St.  Paul,  Minneapolis  &  Omaha  Railway  Com- 
pany, be  and  hereby  are  required  to  Hght  their  railways  in  the 
city  of  Omaha,  by  erecting  and  placing  at  a  suitable  and  usual 
distance  from  the  ground,  electric  hght  lamps,  with  fixtures, 
apparatus  and  electricity  necessary  for  furnishing  for  each  lamp 
nominally  two  thousand  candle  power  lights,  and  maintain  such 
lamps  and  provide  such  lights  from  sunset  in  the  evening  until 
sunrise  in  the  morning  of  each  day,  at  the  point  of  location  as 
follows: 

At  the. 9th  and  Davenport  street  crossing. 

That  said  light  at  the  9th  and  Davengport  street  crossing, 
to  be  erected,  placed  and  maintained  by  said  Union  Pacific  Rail- 
way Company,  Burlington  &  Missouri  River  Railroad  Company 
in  Nebraska,  and  the  Chicago,  St.  Paul,  MinneapoHs  &  Omaha 
Railway  Company;  the  cost  of  such  erecting,  placing  and  main- 
taining to  be  borne  by  the  said  companies  in  the  proportion  of 
one-third  to  each. 

Union  Pacific  R.  R. 

Section  11.  That  the  Union  Pacific  Railway  Company,  the 
Burlington  &  Missouri  River  Railroad  Company  in  Nebraska,  the 
Chicago,  Rock  Island  &  Pacific  Railway  Company  and  the  Chicago, 
Milwaukee  &  St.  Paul  Railway  Company  be  and  are  hereby  re- 
quired to  light  their  railways  in  the  city  of  Omaha  by  erecting  and 
placing  at  a  suitable  and  usual  distance  from  the  ground,  electric 
light  lamps,  with  fixtures,  apparatus  and  electricity  necessary 
for  the  furnishing  for  each  lamp  nominally  two  thousand  candle 
power  lights,  and  maintain  such  lamps  and  provide  such  lights 
from  sunset  in  the  evening  until  sunrise  in  the  morning  of  each 
day,  at  the  points  of  location  as  follows : 

At  the  20th  street  crossing  under  the  bridge. 

At  the  14th  street  crossing,  between  the  two  bridges. 

At  Sheeley's  crossing. 

At  the  17th  street  crossing. 

That  said  lights  at  the  20th  street  crossing  luuler  the  bridge; 
at  the -14th  street  crossing  between  the  two  bridges;    at  Sheeley's 


356  REVISED    ORDINANCES, 

crossing  and  at  the  17th  street  crossing,  to  be  erected,  placed  and 
maintained  by  said  Union  Pacific  Railway  Company.  Burlington 
c^'  Missouri  River  Railroad  Company  in  Nebraska,  Chicago,  Rock. 
Island  &  Pacific  Railway  Company  and  the  Chicago,  Milwaukee  & 
St.  Paul  Railwav  Company;  the  cost  of  such  erecting,  placing  and 
maintaining  to  be  borne  by  the  said  companies  in  the  propor- 
tions as  follows : 

By  the  Union  Pacific  Railway  Company,  two-fifths. 

By  the  Burlington  &  Missouri  River  Railroad  Company  in 
Nebraska,,  one-fifth. 

By  the  Chicago.  Rock  Island  cV  Pacific  Railway  Company, 
one-fifth. 

By  the  Chicago.  ^lilwaukee  c^'  St.  Paul  Railway  Company, 
one-fifth. 

Several  Railroads. 

Section  12.  That  the  Omaha  Belt  Railway  Company,  Fre- 
mont, Elkhorn  A:  Missouri  ^'alley  Railway  Company,  and  the 
Chicago,  St.  Paul.  Minneapohs  &  Omaha  Railway  Company  be 
and  hereby  are  recjuired  to  light  their  railways  in  the  city  of  Omaha 
by  erecting  and  placing  at  a  suitable  and  usual  distance  from  the 
ground,  electric  light  lamps,  with  fixtures,  ai)paratus  and  electri- 
city necessary  for  furnishing  for  each  lamp  nominally  two  thou- 
sand candle  power  lights,  and  maintain  such  lamps  and  provide 
such  lights  from  sunset  in  the  eevning  until  siuirise  in  the  morn- 
ing of  each  day.  at  the  points  of  location  as  follows: 

At  the  14th  and  Nicholas  street  crossing. 
At  the  Locust  street  crossing. 
At  the  Grace  street  crossing. 

The  said  lights  at  the  14th  and  Nicholas  street  crossing, 
at  the  Locust  street  crossing,  and  at  the  Grace  street  crossing, 
to  be  erected,  placed  and  maintained  by  said  Omaha  Belt  Rail- 
way Company,  Fremont,  Elkhorn  &  ^Missouri  Valley  Railway 
Company,  and  the  Chicago,  St.  Paul,  Minneapolis  &:  Omaha  Rail- 
way Company,  the  cost  of  such  erecting,  placing  and  maintaining, 
to  be  borne  by  the  said  companies  in  the  proportion  of  one-third 
to  each. 


kevisp:d  ordinances.  '  357 

F.  E.  &  M.  V.  R.  R. 

Section  13.  That  the  Fremont.  Elkhorn  &  Missouri  \a]\ey 
Railway  Company  be  and  hereby  is  required  to  hglit  its  railway 
within  the  city  of  Omaha  by  erectino-  and  placing  at  a  suitable 
and  usual  distance  from  the  ground,  electric  light  lamps,  known 
as  arc  light  lamps,  with  the  fixtures,  apparatus  and  electricity 
necessary  for  furnishing  each  lamp  nominally  two  thousand  candle 
power  lights  and  maintain  such  lamps,  and  provide  such  light. 
from  sunset  in  the  evening  until  sunrise  in  the  morning  of  each 
day,  at  the  point  of  location  as  follows: 

At  the  24th  street  crossing. 

Within  Sixty  days. 

Section  14.  It  is  hereby  made  the  duty  of  the  several  rail- 
road companies  herein  named  to  erect  and  place  in  position 
the  above  named  lights  at  the  several  points  as  specified  and 
hereinbefore  required,  within  sixty  (60)  days  after  the  passage 
and  approval  of  this  ordinance,  and  in  case  any  of  said  railroad 
companies  shall  refuse,  fail  or  neglect  to  comply  with  such  re- 
quirements within  said  period  the  city  electrician  is  hereby 
authorized  and  required  to  cause  said  lamps  to  be  placed 
and  erected,  and  said  lights  furnished  as  hereinbefore  required. 
the  cost  and  expense  thereof  to  be  assessed  against  the  railroad 
company  or  companies  failing,  neglecting  or  refusing  to  erect  such 
lamps  and  furnish,  such  lights  as  herein  required,  such  cost  and 
expense  to  constitute  a  lien  upon  any  real  estate  belonging  to 
any  such  company  or  companies  lying  within  the  city  of  Onuiha. 
and  to  be  collected  in  the  same  manner  as  taxes  for  general  pur- 
poses. 

Missouri  Pacific  R.  R. 

Section  15.  That  the  Missouri  Pacific  Railway  Company 
be  and  hereby  is  required  to  light  its  railway  within  the  city  of 
Omaha  by  erecting  and  placing  at  a  suitable  and  usual  distance 
from  the  ground  an  electric  lamp  known  as  an  arc  light  lamp,  with  the 
fixtures,  apparatus  and  electricity  necessary  for  furnishing  for  said 
lamp  nominally  two  thousand  candle  power  light,  and  maintain  such 
lamp  and  provide  such  light  from  sunset  in  the  evening  until  sun- 
rise in  the  morning  of  each  day  at  the  intersection  of  said  railway 
with  Spalding  street  in  the  city  of  Omaha. 


3.58  REVISED    ORDINA^•CES. 

Missouri  Pacific  R.  R. 

Section  16.  It  is  hereby  made  the  duty  of  the  Missouri 
Pacific  Railway  Company  to  erect  and  place  in  position  a  lamp 
at  the  point  specified  as  required  in  the  preceding  section 
within  sixty  days  after  the  passage  of  this  ordinance,  and  in 
case  said  company  shall  refuse,  fail  or  neglect  to  comply  with 
such  requirements  the  city  electrician  is  hereby  authorized  and 
required  to  cause  said  lamp  to  be  placed  and  said  light 
furnished  as  required,  in  this  and  the  preceding  section  the  cost 
and  expense  thereof  to  be  assessed  against  said  Missouri  Pacific 
Railw^ay  Company,  such  cost  and  expense  to  constitute  a  lien 
upon  any  real  estate  belonging  to  such  company  lying  within  the 
city  of  Omaha,  and  to  be  collected  in  the  same  manner  as  taxes 
for  general  purposes. 

F.  E.  &  M.  V.  R.  R. 

Section  17.  That  the  Fremont,  Elkhorn  <k  Missouri  Valle\' 
railway  company  be  and  hereby  is  required  to  light  its  railway 
within  the  city  of  Omaha  by  erecting  and  placing  at  a  suitable 
and  usual  distance  from  the  ground  electric  lamps,  known  as  arc 
light  lamps,  with  the  fixtures,  apparatus  and  electricity  necessary 
for  furnishing  said  lamp,  nominally  two  thousand  candle  power 
light,  and  maintain  such  lamp  and  provide  such  light  from  sunset 
in  the  evening  until  sunrise  in  the  morning  of  each  day,  at  the 
following  places,  to- wit: 

At  the  intersection  of  said  railway  with  the  North  Twentieth 
street  boulevard. 

F.  E.  &  M.  V.  R.  R. 

Section  18.  It  is  hereby  made  the  duty  of  the  Fremont, 
Elkhorn  &  Missouri  Valley  railway  company  to  erect  and  place  in 
position  a  lamp  at  each  of  the  points  specified  as  required  in  the 
preceding  .section  within  sixty  (60)  days  after  the  passage  of  this 
ordinance,  and  in  case  said  company  shall  refuse,  fail  or  neglect 
to  comply  with  such  requirements,  the  city  electrician  is  hereby 
authorized  and  re  quired  to  cause  said  lamps  to  be  placed  and 
said  light  furnished,  as  in  this  and  the  preceding  section  re- 
quired, the  cost  and  expense  thereof  to  be  assessed  against 
said  Fremont,  Elkhorn  &  Missouri  "S^alley  Railway  Company 
such  cost  and  expense  to  constitute  a  lien  upon  any  real  estate 
belonging  to  such  company  lying  within  the  city  of  Omaha,  and 
to  be  collected  in  the  same  manner  as  taxes  for  general  purposes. 


REVISKD    ORDINANCES.  359 

Watchman. 

Section  19.  That  all  railway  companies  owning  and  operat- 
ing trains  or  cars  within  the  corporate  limits  of  the  city  of  Omaha 
shall  whenever  required  by  a  concurrent  resolution  of  the  mayor 
and  city  council  of  said  city,  station  and  maintain  at  their  own 
expense  and  cost,  at  any  railway  crossing  operated  or  owned  in 
whole  or  in  part  by  such  railway  company,  a  watchman  or  flag- 
man during  such  hours  as  may  be  designated  by  said  concurrent 
resulution,  whose  duty  it  shall  be  to  watch  said  crossing  and  warn 
and  signal  all  persons  and  vehicles  of  the  approach  and  passage 
of  trains  and  cars,  and  generally  to  protect  the  people  from  risk 
and  injury  at  such  railway  crossings. 

Refusal  to  appoint. 

Section  20.  In  case  such  railway  company  shall  refuse  to 
provide  such  watchman  or  flagman  after  being  so  directed,  the 
mayor  shall  have  power  to  appoint  and  station  such  watchman  at 
the  place  designated  by  such  concurrent  resolution,  and  the  cost 
of  so  stationing  and  maintaining  said  watchman  shall  be  charged 
and  levied  as  a  tax  against  the  taxable  real  and  personal  property 
of  said  railway  company,  or  such  portion  thereof  as  the  board  of 
equalization  may  designate,  and  collected  as  in  case  of  other  taxes. 

Penalty. 

Section  21.  In  case,  for  a  period  of  five  days  after  being 
served  with  a  certified  copy  of  the  concurrent  resolution,  herein- 
before referred  to,  any  railroad  company  named  and  designated 
therein  shall  fail  or  refuse  to  comply  therewith,  the  general  man- 
aging officer  of  said  railway,  within  the  city  of  Omaha,  and  any 
executive  officer  subject  to  his  control  or  direction,  who  may  also 
have  authority  and  supervision  over  such  crossing,  shall  be  liable 
upon  conviction  of  such  failure,  or  refusal,  to  a  penalty  of  not  less 
than  five,  nor  more  than  twenty-five  dollars,  for  each  day  such 
neglect  or  refusal  shall  continue.  Such  penalty  to  be  enforced  as 
in  other  cases. 

liailroads,  Light  Street  Intersections. 

See  Streets,  Section  I'J. 


360  REVISCD    ORDINANCES. 

CHAPTER  LXIX. 

REAL  ESTATE. 

Section  1.  That  whenever  a  committee  of  the  council  or 
appraisers  to  ascertain,  determine  or  assess  the  damages  to  the 
owners  of  property  or  to  parties  interested  therein  by  reason  of 
the  grading,  change  of  grade  or  vacation  of  any  street,  avenue, 
boulevard,  alley,  or  part  thereof,  declared  necessary  by  ordinance; 
or  by  reason  of  the  appropriation  of  private  property  for  the  use 
of  the  city  declared  necessary  by  ordinance,  shall  be  appointed,  it 
shall  be  the  duty  of  said  appraisers  as  soon  as  practicable  thereafter, 
to  take  the  oath  required  by  law  or  by  the  ordinances  of  the  city  to 
perform  the  duties  of  their  appointment  with  fideUty  and  impar- 
tiality, and  file  the  same  with  the  city  clerk,  and  thereupon  as  soon 
as  practicable  fix  and  determine  upon  a  time  and  place  within  the 
city  of  Omaha  for  a  meeting  to  hear  and  consider  the  statements 
or  claims  for  damages  of  property  owners  and  parties  interested 
and  the  consideration  and  making  of  their  assessment,  determina- 
tion or  award  of  damages. 

Section  2.  It  shall  be  the  duty  of  said  appraisers,  upon  deter- 
mining the  time  and  place  of- their  meeting,  to  hear  and  consider 
the  statements  or  claims  for  damages  of  property  owners  and  parties 
interested,  and  the  consideration  and  making  of  their  assessment, 
determination  or  award  of  damages,  to  give  to  such  property  owners 
and  parties  interested  notice  of  the  time,  place  and  purpose  of  such 
meeting,  wdiich  notice  shall  be  either  written  or  printed  or  both, 
and  shall  be  signed  by  such  appraisers,  and  shall  contain  a  descrip- 
tion of  the  property  of  the  person  notified  which  it  has  been  de- 
clared necessary  to  appropriate  or  which  shall  abut  or  be  adjacent 
to  that  part  of  street,  avenue,  boulevard,  or  alley  declared  necessary 
to  be  graded,  vacated,  or  on  which  it  is  proposed  to  change  the 
grade.  Such  notice  shall  be  served  by  delivering  a  copy  thereof  to 
each  owner  of  property  and  party  having  an  interest  therein  of 
record,  or  by  leaving  such  copy  at  the  usual  place  of  residence  of 
such  property  owner  or  party  interested  at  least  thirty  (30)  days 
prior  to  the  date  fixed  for  such  meeting;  or,  where  it  shall  appear 
by  affidavit  of  any  person  designated  by  such  appraisers  to  serve 
such  notice  that  any  owner  of  property  or  party  interested  therein 
cannot  be  found   within   said   citv   of  Omaha,   or  is  unknown   or 


REVISED    0RDI>;ANCES.  361 

non-residents  of  said  city,  such  notice  may  be  served  on  all  such 
property  owners  or  parties  by  publishing  a  copy  of  such  notice 
in  the  official  papers  of  said  city  one  time  at  least  thirty  (30)  days 
prior  to  the  date  fixed  for  such  meeting.  When  notice  is  served 
or  published  as  herein  provided,  such  service  shall  be  deemed 
reasonable  and  as  a  good  and  sufficient  notice  to  said  owners  of 
property  or  parties  interested  therein  of  the  holding  of  such  meeting 
and  of  the  purposes  thereof  and  of  all  proceedings  relating  to  such 
appraisement,  assessment  or  determination  of  damages.  In  the 
event  that  any  such  owner  of  property  or  party  interested  therein 
is  a  corporation,  such  notice  may  be  served  by  delivering  a  copy 
thereof  upon  the  president,  chairman  of  the  board  of  directors  or 
trustees,  or  other  chief  officer;  or,  if  its  chief  officer  is  not  found 
in  the  city,  upon  its  cashier,  treasurer,  secretary,  clerk  or  managing 
agent;  or  if  none  of  the  aforesaid  officers  can  be  found,  by  a  copy 
thereof  left  at  the  office  or  at  the  usual  ])lace  of  business  of  such  cor- 
poration . 

Section  3.  It  shall  be  the  duty  of  said  appraisers,  upon 
hearing  the  statements  and  claims  of  owners  of  property  and 
parties  interested  therein,  to  consider  the  same,  and  without  un- 
necessary delay  assess  and  determine  the  damages  if  any,  to  all 
owners  of  property  or  parties  interested  therein,  and  upon  com- 
pleting and  signing  their  report,  file  the  same  with  the  city  clerk,  or 
report  their  assessment  to  the  City  Engineer  for  the  considera- 
tion and  action  of  the  said  engineer  or  the  council  and  mayor,  as 
may  be  j^rovided  or  required  by  law. 

Appraisement  committee. 

Section  4.  That  the  mayor  shall  annually  at  the  first  regular 
meeting  in  May,  nominate  a  committee  of  three  who  shall  be  con- 
firmed by  the  city  council,  at  least  one  of  whom  shall  be  selected 
from  the  members  of  the  city  council,  whose  duty  it  shall  be  to 
appraise  all  real  estate  belonging  to  the  city  of  Omaha,  at  its  true 
cash  value,  at  least  once  in  each  year,  and  as  much  oftener  as  the 
city  council  shall  direct,  and  file  a  report  of  every  such  appraise- 
ment with  the  city  clerk,  wliicli  report  shall  be  entered  in  full  in 
the  minutes  of  the  city  council. 

Sales  and  leases. 

Section  o.  Xo  real  estate  belonging  to  the  city  shall  We  sold 
for  a  less  sum  than  its  ap])rais('(l  N-alue,    nor  shall  the  same  be  leased 


362  REVISED    ORDIXAXCES. 

for  less  than  six  (6)  per  cent  of  its  appraised  value  per  annum,  nor 
for  a  less  time  than  for  one  year,  payable  yearly  in  advance. 

Highest  bidder. 

Section  6.  Any  person  desiring  to  purchase  real  estate  from 
the  city,  shall  make  application  in  writing  to  the  city  council 
expressive  of  his  or  her  desire  to  purchase  and  giving  description 
of  property  he  or  she  desires  to  purchase,  when  notice  shall  be  given 
through  the  official  paper  in  the  city,  for  one  week,  iuAdting  bids 
for  the  purchase  of  such  property  for  cash,  and  if  when  such  bids 
are  opened,  the  city  council  shall  deem  it  to  the  best  interests  of 
the  city  to  make  such  sale  for  the  highest  amount  bid  (which  amount 
«hall  not  be  less  than  the  appraised  value),  they  shall  at  once  cause 
notice  to  be  given  to  the  lessee  of  said  property,  if  any  there  be, 
.and  such  lessee  shall  be  permitted  to  purchase  said  property  for 
the  said  highest  amount  bid,  and  if  said  lessee  neglects  or  refuses  to 
purchase  said  property  for  the  space  of  twenty  days,  then  the  same 
;shall  be  sold  to  the  person  who  makes  the  highest  bid. 

Salary  of  appraisers. 

Section  7.  In  case  one  or  more  of  the  said  appraisers  are  not 
members  of  the  city  council  they  shall  each  receive  for  his  services 
the  sum  of  three  ($3)  dollars  per  day  for  such  services,  providing 
the  number  of  days  shall  not  exceed  three  (3)  days,  and  nothing 
herein  contained  shall  be  so  contsrued  as  to  allow  any  extra  com- 
pensation for  any  city  councilman  on  such  committee. 

Warranty  deed. 

Section  8.  When  any  sale  of  real  estate  is  made  by  the 
'city,  the  mayor  shall  execute  a  warranty  deed  for  the  same  to  the 
purchaser  in  the  name  of  the  city  of  Omaha  conveying  to  said  pur- 
chaser the  title  in  fee  simple  to  said  real  estate  and  embracing  in 
said  deed  the  usual  covenants  of  warranty. 

Appraisers — Appointment  of. 

Section  9.  That  appraisers  appointed  to  assess  and  deter- 
mine damages  to  property  owners  by  reason  of  the  appropriation 
of  any  property  or  the  vacation  oi  any  street  or  alley,  shall  receive 
fees  for  their  services  as  such  appraisers  as  follows:  The  chairman 
of  each  board  of  appraisers  shall  receive  for  his  special  services  in 
preparing  notices,   making  necessary  pubhcations,   preparing  re- 


REVISED    ORDINANCES.  363 

turn,  etc.,  the  sum  of  five  ($5)  dollars ;  in  addition  to  such  allowance 
to  the  chairman  for  such  special  services,  each  appraiser,  including- 
the  chairman,  shall  receive  the  sum  of  two  ($2)  dollars  for  services 
in  meeting,  organizing  and  fixing  on  a  time  for  the  hearing  of 
property  owners  and  the  rendition  of  such  services  as  are  incidental 
to  such  meeting,  and  shall  also  receive  the  sum  of  two  ($2)  dollars 
each  for  their  services  in  meeting  on  the  day  fixed  for  hearing 
property  owners  and  hearing  and  determining  claims  of  damages 
and  rendering  such  services  on  such  day  as  are  properly  incidental 
to  the  making  of  their  final  report,  In  the  event  that  it  is  n  cessary 
for  said  appraisers  to  render  additional  services  in  viewing  property 
or  the  determination  of  damages,  the  said  appraisers  shall  each  be 
entitled  to  receive  the  sum  of  two  (S2)  dollars  per  day  for  each 
day's  services  actually  and  necessarily  rendered.  The  qualifica- 
tion of  any  appraiser  hereafter  appointed  shall  be  deemed  and  con- 
sidered as  an  acquiescence  in  the  amount  of  fees  herein  prescribed, 
and  no  other  or  greater  compensation  shall  be  allowed  to  any 
appraiser  hereafter  appointed  than  is  herein  prescribed. 

Rinds  or  Peels  on  Sidewalk. 

See  Misdemeanors,  Section  25. 


364  REVISED    ORDINANCES. 

CHAPTER  LXIX. 

Runners.  RUNNERS. 

Section  1.  Any  person  who  shall  in  any  manner  solicit  cus- 
tomers for  or  secure  or  attempt  to  secure  the  stopping  of  any  pas- 
sengers or  other  persons  at  any  hotel,  inn,  boarding  house,  restaur- 
ant or  other  public  place,  or  any  person  who  shall  in  any  manner 
solicit  passengers  or  business  for  any  steamboat  or  railroad,  or  any 
person  who  shall  in  any  manner  upon  any  street  or  sidewalk  in 
the  city  of  Omaha,  solicit  custom  or  patronage  for  any  other  trade, 
business  or  vocation,  whatever,  shall  be  deemed  a  runner. 

License. 

Section  2.  Any  person  being  the  proprietor  of  any  house, 
hotel,  boat  line  or  other  business  may  procure  license  to  act  as 
runner,  or  to  employ  one  or  more  runners,  upon  the  payment  of 
thirty  ($30)  dollars  per  year  for  license  for  each  runner  so  emploj^ed 
by  him,  and  entering  into  a  bond,  with  surety  to  be  approved  by 
the  city  clerk,  conditioned  for  the  payment  of  any  damages  which 
shall  occur  by  reason  of  the  careless  or  improper  handling  or  larceny 
or  other  improper  disposal  of  any  goods,  baggage  or  articles  en- 
trusted to  the  care,  of  any  such  runner  in  said  capacity,  said  bond 
to  be  in  the  sum  of  two  hundred  ($200)  dollars  for  each  license  so 
issued.  The  city  clerk  shall  issue  the  required  license  upon  payment 
to  him  of  the  required  amount,  and  all  such  licenses  shall  expire 
June  30  or  December  31  of  the  year  in  which  they  are  issued, 
and  it  shall  be  unlawful  for  any  person  to  act  as  runner  without  a 
license  being  procured  for  such  purpose. 

Notice  to  city. 

Section  3.  Every  proprietor  taking  out  a  license  under  and 
by  virtue  of  this  chapter  shall,  in  writing,  acquaint  the  city  clerk 
with  the  name  of  the  person  acting  as  his  said  runner,  and  no  proprie- 
tor shall  employ  or  have  in  his  service  at  any  one  time  more  than  one 
such  runner  under  and  by  virtue  of  one  license,  and  if  at  any  time 
a  person  employed  as  such  runner  be  dismissed  from  the  service  of 
said  proprietor,  said  proprietor,  before  any  other  person  shall  act 
as  his  said  runner,  shall,  in  writing,  accpiaint  the  city  clerk  with  the 
name  of  said  newly  appointed  runner  and  the  date  upon  which  the 
employment  begins. 


REVISED    ORDINANCES.  365 

Deception. 

Section  4.  No  porter  or  runner  shall,  at  any  time  or  place, 
make  use  of  any  device,  imposition  or  false  representation  in  rela- 
tion to  the  charge  of  fare,  custom  or  location  of  any  public  house, 
hotel,  private  house,  street  or  place  of  business  in  said  city,  or  in 
relation  to  the  time  or  place  of  arrival  or  departure  of  any  boat, 
stage,  train  or  other  conveyance,  or  in  any  manner  be  guilty  of 
misrepresentation  or  evil  practice  toward  any  person ;  and  no 
runner  shall  use  loud  or  boisterous  language  or  make  unnecessary 
noise  or  touch  or  interfere  with  the  person  or  freedom  of  passengers 
or  the  travel  along  such  street.  Any  runner,  while  sohciting  at  any 
railroad  depot  shall  be  subject  to  reasonable  police  regulation; 
and  no  runner  for  a  mercantile  house  shall  solicit  business  or  pat- 
ronage except  in  front  of  the  business  house  which  he  represents 
and  by   which   he  is   employed. 

Badge. 

Section  5.  Every  proprietor  procuring  license  for  one  or 
more  runners  shall  furnish  to  each  person  so  licensed  a  suitable 
badge,  to  be  approved  by  the  license  inspector,,  such  badge,  to  bear 
the  name  of  the  proprietor  or  business  represented  by  such  runner, 
and  must  be  worn  by  such  runner  conspicuous^  on  the  front  of 
his  hat  or  cap,  and  every  runner,  while  performing  his  duties  as 
such,  shall  wear  conspicuously  upon  the  front  of  his  outer  garment 
a  badge  upon  which  shall  be  painted  or  engraved,  in  letters  not  less 
than  three-eighths  of  an  inch  in  length,  the  word  "Runner,"  and 
the  number  under  which  he  is  acting,  which  last  mentioned  badge 
shall  be  furnished  by  the  license  inspector. 

Section  6.  Any  person  who  shall  violate  any  of  the  provisions 
of  the  five  preceding  sections,  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  in  any  sum 
not  exceeding  fifty  ($50),  dollars  or  be  imprisoned  not  exceeding 
thirty  (30)  days,  or  may  be  l)oth  fined  and  imprisoned  at  the  dis- 
cretion of  the  court. 

Soliciting  business  on  street. 

Section  7.  That  it  be  and  hereby  is  declared  unlawful  for  any 
person  being  the  agent  or  employe  of  any  person,  (inn  or  corpora- 
tion engaged  in  tlie  in(>rcantile  business  to  solicit  l)usiness  or  pat- 
ronage; or  to  act  as  a  runner,  solicitor  or  steerer  for  any  p(M-son,  firm 
or  corporation  engaged  in  the  mercantile  business,  upon  tlie  public 


366  REVISED    ORDINANCES. 

streets  of  the  city  of  Omaha,  excepting  immediately  in  front  of  the 
premises  occupied  as  a  place  of  business  by  said  person,  firm  or 
corporation,  and  extending  not  farther  than  the  middle  of  the 
street  in  front  of  said  premises. 

Employing  solicitor  unlawful. 

Section  8.  That  it  be  and  hereby  is  declared  unlawful  for  any 
person,  firm  or  corporation  engaged  in  mercantile  business  to  em- 
ploy a  runner  or  solicitor  for  the  purpose  of  soliciting  business  or 
patronage,  or  acting  for  such  person,  firm  or  corporation  on  the 
public  streets  of  the  city  of  Omaha,  excepting  immediately  in  front 
of  the  premises  occupied  as  a  place  of  business  by  such  person,  firm 
or  corporation,  and  extending  not  further  than  the  middle  of  the 
street. 

Penalty. 

Section  9.  That  any  person  violating  any  of  the  provisions 
of  the  two  preceding  sectons  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  thereof  shall  be    fined  not  less  than  five  dollars 

nor  more  than  fifty  (S50)  dollars,  for  each  and  every  offense. 


REVISED    ORDINANCES,  367 

CHAPTER  LXX. 

SANITARY    REGULATIONS. 
Supervise  Health. 

Rule  1.  The  health  commissioner  shall  exercise  a  general 
supervision  over  the  health  of  the  city,  and  shall  take  all  measures 
necessary  to  promote  the  health  and  cleanliness  thereof;  to  abate 
nuisances  of  every  description  on  pubhc  and  private  property; 
to  prevent  the  introduction  within  the  city  of  mahgnant,  contagious 
and  infectious  diseases,  and  to  remove,  quarantine  or  otherwise 
dispose  of  an}^  person  or  persons  attacked  or  having  any  such 
disease,  and  to  adopt,  in  reference  to  such  person  or  persons, 
any  rules,  regulations,  restrictions  or  measures  that  may,  by  the 
health  commissioner,  be  deemed  necessary  or  advisable. 

Regulations. 

Rule  2.  It  shall  be  the  duty  of  the  health  commissioner, 
whenever  in  his  judgment  the  city  is  afflicted  or  threatened  with 
an  epidemic  of  contagious  or  infectious  disease,  to  issue  or  cause 
to  be  issued  such  orders,  regulations  and  instructions  as  may,  in 
his  judgment,  be  deemed  effective  for  the  prevention,  removal  or 
limiting  of  such  disease,  which  orders,  regulations  and  instructions 
shall  remain  in  full  force  and  effect  until  by  said  board  revoked. 

Contagion. 

Rule  3.  ^Yhenever  it  shall  appear  to  the  mayor  or  commis- 
sioner of  health  that  any  person  has  ,  been  attacked  with  any 
contagious  or  infectious  disease,  the  mayor  or  commissioner  of 
health  shall  cause  such  person  to  be  immediately  removed  to  such 
place  as  may  by  the  health  commissioner  be  designated ;  and  if 
such  person  refuse  to  be  so  removed,  or  if  his  or  her  condition  is 
such  that  such  removal  would  be  attended  with  danger,  then  the 
mayor  or  commissioner  of  health  shall  immediately  take  such 
measure  as  may  be  deemed  advisable  to  prevent  the  spread  of 
the  contagion  or  infection,  and  to  cause  any  such  person  or  the 
premises  where  he  or  she  may  be  to  be  quarantined,  and  to  pre- 
vent the  ingress  or  egress  of  any  person  or  persons  they  may 
desire  to  said  premises. 


368  REVISED    ORDINANCES. 

Exposure. 

Rule  4.  No  person  suffering  from  any  such  infectious  or 
contagious  disease  shall  wilfulh'  expose  himself  in  any  street, 
public  place  or  convej^ance,  and  no  person  having  charge,  care 
or  control  of  any  such  person  in  the  city  of  Omaha,  or  within 
three  miles  thereof,  shall  permit  such  exposure;  and  no  person 
shall  let  or  rent  to  any  other  person  or  permit  any  other  person 
to  use  or  occupy  any  house,  room  or  part  of  a  house  in  which  any 
person  has  been  confined  by  reason  of  any  such  disease  without 
having  such  house  or  room  completelj"  disinfected  to  the  satis- 
faction of  the  commissioner  of  health. 

On  train. 

Rule  5.  Whenever  any  person  on  any  railroad  train  coming 
into  the  city  of  Omaha  shall  show  symptons  indicating  an  attack 
of  small-pox  or  other  contagious  disease,  or  whenever  any  such 
fact  shall  come  to  the  knowledge  of  the  conductor  or  the  person 
in  charge  of  any  such  train  as  shall  lead  him  to  suppose  that  any 
person  on  his  train  is  attacked  with  small-pox  or  other  contagious 
or  infectious  disease,  it  shall  be  his  duty,  before  he  shall  have 
reached  a  point  within  five  miles  of  the  cit}-  limits,  to  telegraph 
such  fact  to  the  mayor  or  commissioner  of  health;  and  whenever 
it  shall  be  impossible  to  send  such  telegram  said  conductor  or 
person  having  such  train  in  charge  and  having  a  person  on  board 
so  suspected  by  him  of  having  the  small-pox  or  other  contagious 
or  infectious  disease  shall  detain  such  person  on  the  train  on 
reaching  the  city  of  Omaha  until  he  shall  have  notified  the  mayor 
or  commissioner  of  health  of  such  fact,  and  until  a  reasonable 
time  shall  have  elapsed  after  such  notice  for  the  commissioner  of 
health  to  take  charge  of  such  person. 

Physician's  report. 

Rule  6.  It  shall  be  the  duty  of  each  and  every  practicing 
physician  in  the  city  of  Omaha  to  report,  in  writing,  to  the  com- 
missioner of  health  the  death  of  any  of  his  patients  who  shall 
have  died  in  said  city  of  contagious  of  infectious  disease  immediately 
thereafter,  and  to  state  in  such  report  the  specific  name  and  type 
of  such  disease. 

Appoint  assistants. 

Rule  7.  The  health  commissioner  shall  have  the  power  to 
appoint  any  and  all  necessary  assistants  to  carry  into  effect  any 


REVISED    ORDINANCES.  369 

rule  adopted  by  the  health  commissioner,  or  ordinances  of  the 
city,  or  law  of  the  state,  in  relation  to  infectious  diseases  or  the 
sanitary  conditions  of  the  city. 

Interfere  with. 

Rule  8.  No  person  or  persons  shall  molest,  hinder,  interfere 
with  or  in  any  manner  prevent  the  comimssioner  of  health  or  any 
of  his  assistants  from  performing  any  duty  imposed  upon  him 
by  any  law  of  the  city  of  Omaha  or  any  rule  of  the  health  com- 
missioner. 

Report  contagion. 

Rule  9.  Whenever  any  physician  or  other  person  in  the  city 
of  Omaha  shall  know,  or  have  reason  to  suspect  the  existence  of 
any  case  of  cholera,  yellow  fever,  small-pox,  varioloid,  chicken-pox, 
measles,  scarlet  fever,  diphtheria  or  other  contagious  or  infectious 
disease  within  the  corporate  limits  of  said  city,  or  within  three 
miles  thereof,  he  shall  immediately  notify  the  commissioner  of 
health  in  writing  of  the  same,  together  with  its  location  and  the 
name  of  the  person-,  if  known,  afflicted  with  such  disease.  And 
immediately  upon  such  notice  being  given  of  a  case  of  scarlet 
fever,  diphtheria  or  smallpox  the  commissioner  of  health  shall 
cause  a  placard  with  the  name  of  the  disease  to  be  placed  in  a 
conspicuous  place  on  the  outside  of  such  house,  if  wdthin  the  city 
of  Omaha,  which  placard  shall  not  be  removed  except  by  order 
of  the  commissioner  of  health;  and  no  child  or  person  residing 
or  being  at  any  house  where  any  person  is  sick  or  affected  by 
any  of  the  diseases  last  above  mentioned  shall  attend  any  private, 
public  or  sectarian  school,  church,  theatre  or  other  public  or  private 
gathering  in  said  city  until  fifteen  days  from  the  recovery  or  death  of 
said  sick  person,  and  until  said  house  has  been  properly  fumigated 
and  disinfected  to  the  satisfaction  of  the  commissioner  of  health, 
who  shall  certify  to  the  same;  and  no  child  or  person  afflicted 
with  scarlet  fever  shall  attend  any  of  the  above  places  until  six 
weeks  after  recovery.  And  it  shall  be  the  duty  of  any  physician 
attending  cases  under  quarantine  to  report  to  the  commissioner 
of  health  the  date  of  the  recovery  or  death  of  such  patient;  and 
it  shall  be  the  duty  of  the  commissioner  of  health  to  itniiu'diately 
issue  a  certificate  of  recovery  or  death,  as  the  case  may  be,  and 
transmit  same  to  the  lioard  of  education.  And  in  case  of  death 
or  recoverv  from  anv  contagious  disease   the   liouse  used  b\-   (he 


370  REVISED    ORDINANCES. 

sick  person  shall  be  thoroughly  disinfected,  cleaned  and  fumigated, 
and  such  other  precaution  taken  as  the  commissioner  of  health 
may  direct.  The  remains  of  any  person  dying  of  any  contagious 
disease  shall  be  disinfected  by  being  wrapped  thoroughly  in  cloths 
saturated  with  bichloride  of  mercury  solution  before  being  placed 
in  a  casket. 

Removal  of  infected  persons. 

Rule  10.  It  shall  be  unlawful  for  any  physician  or  other 
person  to  move,  or  cause  to  be  moved,  a  known  or  suspected  case 
of  cholera,  yellow  fever,  small-pox,  varioloid,  chicken-pox,  measles, 
scarlet  fever,  diphtheria,  or  any  other  contagious  disease  from 
one  building  to  another  within  the  corporate  limits  of  the  city 
of  Omaha,  or  within  three  miles  thereof,  without  the  consent  of 
the  commissioner  of  health.  Nor  shall  any  child  or  person  residing 
in  any  house  at  the  beginning  of  the  sickness  of  any  person  thereat 
with  any  of  the  above  mentioned  diseases  leave  said  house  during 
the  continuance  of  such  disease  without  the  permission  of  the 
commissioner  of  health. 

Exposed  clothing. 

Rule  11.  It  shall  be  unlawful  for  any  person  or  persons  to 
remove  any  clothing  or  other  property  that  may  have  been  ex- 
posed to  infection  from  any  contagious  disease  from  the  house, 
building  or  other  premises  where  so  exposed  without  the  written 
consent  of  the  commissioner  of  health. 

Hotel  keeper  report. 

Rule  12.  Every  keeper,  proprietor,  manager,  owner,  lessee 
or  occupant  of  any  boarding  house,  tenement  house  or  lodging 
house,  and  every  inn  keeper  or  hotel  keeper  shall  immediately 
report  in  writing  to  the  commissioner  of  health  any  known  or 
suspected  case  of  cholera,  yellow  fever,  small-pox,  varioloid, 
chicken-pox,  measles,  scarlet  fever,  diphtheria,  or  other  con- 
tagious or  infectious  disease  in  any  of  the  aforesaid  houses,  inns 
or  hotels,  together  with  the  name,  if  known,  of  the  person  having 
or  suspected  of  having  any  such  disease. 

Managers  of  public  institutions  report. 

Rule  13.  The  commissioners,  managers,  principals  or  other 
proper  head  officer  of  each  and  every  public  or  private  institution 


REVISED    ORDINANCES.  371 

in  the  city  of  Omaha  shall  immediately  report  in  writing  to  the 
commissioner  of  health  every  case  of  cholera,  yellow  fever,  small- 
pox, varioloid,  chicken-pox,  measles,  scarlet  fever,  diphtheria  or 
other  contagious  or  infectious  disease  known  or  suspected  at  such 
institution  over  which  he  or  they  may  have  control. 

Dead  body. 

Rule  14.  It  shall  be  unlawful  for  any  person  or  persons 
to  retain  or  expose  or  allow  to  be  retained  or  exposed  the  dead 
body  of  any  human  being  to  the  peril  or  injury  to  the  life  or  health 
of  any  person  within  the  city  of  Omaha  or  within  three  miles 
thereof. 

Bovine  virus. 

Rule  15.  It  shall  be  the  duty  of  the  commissioner  of  health 
to  keep  on  hand  a  supply  of  bovine  virus,  and  to  endeavor  to  have 
all  persons  in  the  vicinity  of  any  locality  w^here  any  person  has 
been  attacked  with  smallpox,  or  where  the  disease  is  apprehended, 
promptly  vaccinated. 

Vaccinations. 

Rule  16  The  commissioner  shall  take  such  action  as  he 
may,  from  time  to  time,  deem  necessary  to  prevent  the  spread 
of  snvdW-pox:  Provided,  \t  shall  be  the  duty  of  the  commissioner  of 
health  to  vaccinate  all  who  shall  apply  to  him  for  that  purpose 
who  are  unable  to  pay  for  the  same,  free  of  charge;  and  he  shall 
give  certificates  of  vaccination  to  children  who  have  been  vaccinated 
by  him  and  who  may  recjuire  such  certificate  for  admission  to  all 
schools. 

Minors. 

Rule  17.  Every  person  being  the  parent  or  guardian,  or 
having  the  care,  custody  or  control  of  any  minor  or  other  individual, 
shall,  to  the  extent  of  the  means,  power  and  authority  of  such 
parent,  guardian  or  other  person  that  could  properly  be  used  or 
exerted  for  that  purpose,  cause  and  procure  such  minor  or  indi- 
vidual, to  be  promptly,  frequently  and  effectually  vaccinated,  so 
that  the  said  minor  or  individual  shall  not  be  liable  to  take  the 
small-pox. 


372  REVISED    ORDINANCES. 

Exposure  children. 

Rule  IS.  No  parent,  guardian  or  other  person  having  the 
care,  custody  or  control  of  any  child  or  minor  shall  permit  any 
such  child  or  minor  to  be  unnecessarily  exposed  or  needlessly  to 
expose  any  other  person  to  the  taking  of  the  smallpox  or  the 
infection  of  any  contagious  disease. 

Report  births. 

Rule  19.  It  shall  be  the  duty  of  physicians  and  professional 
midwives  within  twenty-four  hours  after  a  birth  in  which  they 
nuiy  have  assisted  professionally  to  report  to  the  commissioner 
of  health  on  blanks  furnished  by  the  health  commissioner  for  that 
purpose,  the  date  and  place  of  such  birth,  the  sex  and  color  of 
child  and  the  name  and  residence  of  the  parents;  and  in  case 
there  is  no  physician  or  midwife  in  attendance,  then  it  shall  be 
the  duty  of  the  parents  to  make  such  report. 

Original  certificate. 

Rule  20.  The  commissioner  of  health  shall  keep  on  file  in 
his  office  all  original  certificates  of  births  transmitted  to  him  by 
physicians  or  midwife,  and  shall  keep  a  record  in  books  provided 
by  the  health  commissioner  for  that  purposeof  the  births  reported  to 
him.  The  births  shall  be  numbered,  recorded  and  alphabetically 
indexed  in  the  order  in  which  they  are  received,  and  the 
record  shall  show  the  date  of  recording,  the  date  and  place  of 
birth,  the  sex  and  color  of  the  child  and  the  name  and  residence 
of  the  parents. 

Register. 

Rule  21.  Any  physician,  midwife  or  professional  advisor 
who  has  attended  any  person  at  his  or  her  last  illness,  or  has  been 
professionally  present  at  the  death  of  such  person  shall  make  and 
preserve  a  register  of  each  death,  stating  the  person's  name,  age, 
color,  sex,  nativity,  occupation  and  whether  married  or  single, 
previous  residence,  and  the  date  and  hour,  street  and  number  at 
which  the  death  occurred;  the  cause  of  such  death  and  when 
and  where  the  disease  was  contracted,  if  known.  And  it  shall  be 
the  duty  of  every  svich  physician,  midwife  or  professional  adviser 
to  make,  sign  and  transmit  to  the  commissioner  of  health  within 
twenty-four  hours  after  such  death  a  correct  copy  of  such  register 


REVISED    ORDINANCES.  '  373 

Certificate  of  death. 

Rule  22.  The  commissioner  of  health  shall  keep  on  file  in 
his  office  all  original  certificates  of  death  transmitted  to  him  by 
physicians  or  other  persons,  and  shall  keep  a  record  in  books 
provided  by  the  health  commissioner  for  that  purpose  the  name,  age, 
sex,  nativity,  color,  occupation,  whether  married,  single  or  wi- 
dowed, street  and  number  of  residence,  cause  and  date  of  death 
and  duration  of  last  illness  of  every  person  dying  within  the  cor- 
porate limits  of  the  city  of  Omaha,  and  the  place  and  date  of 
interment. 

Coroners. 

Rule  23.  The  coroner  shall  make  to  the  commissioner  of 
health  within  twenty-four  hours  after  each  and  every  inquest 
held  in  the  city  of  Omaha  a  written  statement  showing  when  and 
where  and  upon  whose  body  such  inquest  was  held,  and  the  cause ^ 
date  and  place  of  death  of  such  person. 

Undertaker. 

Rule  24.  It  shall  be  the  duty  of  every  undertaker  or  other 
person  before  removing  anj^  corpse  for  burial  to  obtain  from  the 
commissioner  of  health  a  permit  so  to  do,  and  before  obtaining 
such  permit  he  shall  deposit  with  the  commissioner  of  health  a 
certificate  of  the  attending  physician,  setting  forth  as  near  as  can 
be  ascertained  the  name,  age,  sex,  nativity,  color,  occupation, 
whether  married;  single  or  widowed,  street  and  number  of  late 
residence,  place  of  previous  residence,  date  of  death,  duration  of 
last  illness  and  place  of  intended  interment.  In  case  a  coroner's 
inquest  shall  have  been  held,  the  fact  shall  be  stated. 

Transportation  dead  body. 

Rule  25.  No  undertaker,  agent  or  any  railroad  or  other 
person  shall  receive  for  transportation,  or  carry  out  of  the  city 
of  Omaha  an}"  dead  body,  nor  shall  the  superintendent,  owner, 
sexton  or  employe  of  any  cemetery,  grave  yard,  cemetery  associa- 
tion or  company  receive  any  such  dead  body  for  burial,  or  permit 
the  same  to  be  buried  within  any  cemetery  or  place  for  the  burial 
of  the  dead,  witliout  the  presentation  at  the  time  the  body  is 
presented  for  sliipment  or  interment  of  a  permit  signed  by  tlic 
commissioner  of  health,  which  permit  shall  l)e  returned  to  the 
office  of  the  commissioner  of  health  within  tliirtv  davs  after  the 


374  REVISED    ORDINANCES. 

date  of  said  shipment  or  interment,  with  the  date  and  place  of 
such  shipment  or  interment  plainly  indorsed  thereon,  and  signed 
by  the  person  receiving  the  body. 

Burial. 

Rule  26.  The  body  of  any  person  having  died  of  cholera, 
yellow  fever,  chicken-pox.  measles,  scarlet  fever,  diphtheria  or  other 
contagious  or  infectious  disease  shall  be  buried  privately,  and 
the  dead  body  of  any  person  having  died  of  small-pox  or  varioloid 
shall  be  buried  privately  and  in  the  night  time,  and  in  no 
such  case  will  public  funerals  be  allowed.  Nor  shall  any  dead 
body  be  disinterred  and  removed  from  any  cemetery  or  other 
place  for  the  burial  of  the  dead  within  the  city  of  Omaha  or  within 
three  miles  of  said  city  by  any  person  for  the  purpose  of  burial 
in  some  other  place  or  cemetery  without  a  permit  from  the  com- 
missioner of  health  therefor  having  been  first  obtained. 

Graves. 

Rule  27.  All  graves  opened  for  the  burial  of  the  dead  therein 
shall  be  dug  to  the  depth  of  six  feet,  and  after  the  casket  containing 
the  dead  body  is  placed  therein  the  grave  shall  be  filled  with 
earth  well  packed  down  and  so  that  the  surface  of  the  grave  shall 
be  left  level  or  crowning,  as  the  rules  of  each  particular  cemetery 
may  provide;  and  when,  from  any  cause,  the  surface  of  the  grave 
sinks  to  the  level  or  below  the  level  of  the  surrounding  surface  of 
of  the  ground,  the  grave  without  unnecessary  delay  shall  be  again^ 
filled  so  as  to  leave  the  surface  of  the  grave  level  or  crowning  as 
originally  made.  Provided,  that  when  the  body  of  a  child  or  person 
dying  of  smallpox,  typhoid  fever,  scarlet  fever  or  diphtheria  is 
to  be  buried  in  any  cemetery  within  the  corporate  limits  of  the 
city,  the  commissioner  of  health,  wdien  by  reason  of  the  locality 
in  the  cemetery  wdiere  the  burial  is  to  be  made  he  may  deem  it 
necessary  or  advisable  for  the  preservation  and  protection  of 
the  health  of  the  inhabitants  of  the  city,  may  recpiire  and  so  direct, 
in  the  permit  issued  by  him  for  the  burial  of  said  body,  that  the 
bottom  of  the  grave  and  the  walls  thereof  extending  above  the 
casket  containing  the  body  shall  be  covered  with  a  coat  of  mortar 
made  of  sand  and  cement,  so  as  to  renedr  the  bottom  and  walls 
of  said  grave  impervious  to  the  fluids  arising  from  the  decom- 
position of  the  dead  body. 


REVISED    ORDINAN-CES.  375 

Report  on  Cemetery. 

Rule  28.  It  shall  be  the  duty  of  the  commissioner  of  health 
to  visit  each  cemetery  within  the  city  of  Omaha  or  within  three 
miles  thereof  at  least  once  each  j-ear  and  observe  any  violations 
of  the  rules  of  the  commissioner  of  health  relating  to  the  health 
and  general  welfare  of  the  city,  and  also  to  make  any  change  or 
modification  of  the  said  rules,  or  any  additional  rules  he  may 
consider  necessary  for  the  complete  protection  of  the  inhabitants 
of  the  city  of  Omaha  arising  from  the  burial  of  the  dead  in  any 
such  cemetery. 

Registration — Physican  and  Midwife. 

Rule  29.  Every  physician  or  midwife  practicing  his  or  her 
profession  within  the  city  of  Omaha  shall  be  required  to  register 
his  name,  place  of  business  and  office,  and  every  change  in  the 
location  of  his  residence  or  office,  in  a  book  to  be  kept  for  that 
purpose  in  the  office  of  the  commissioner  of  health. 

Teachers'  duties. 

Rule  30.  No  officer,  manager,  master  or  teacher  of  or  in 
any  school,  public  private  or  sectarian,  or  of  or  in  any  Sunday 
school,  gymnasium  or  place  of  public  worship,  shall  so  far  omit 
or  neglect  any  duty,  reasonable  care  or  precaution  respecting 
the  safety  or  health  of  anj-  scholor,  pupil  or  attendant,  or  respecting 
the  temperature,  ventilation,  cleanliness  or  strength  of  any  church, 
place  of  worship,  school  house,  school  room  or  place  of  practice 
or  exercise,  or  relative  to  any  thing  appurtenant  thereto,  as  that, 
by  reason  thereof,  the  health  of  any  person  shall  suffer  or  incur 
any  avoidable  peril  or  detriment;  nor  shall  any  officer,  manager, 
master  or  teacher  of  or  in  any  school,  public,  private  or  sectarian, 
cause,  permit  or  allow  the  same,  or  any  portion,  apartment  or 
room  thereof,  to  be  overheated,  inadequate  or  insufficient  in 
respect  to  ventilation  or  cleanliness. 

School  vaccination. 

Rule  31.  Xo  principal  or  teacher  of  any  school,  public 
private  or  sectarian,  shall  admit  to  any  such  school  any  child  or 
person  who  shall  not  have  been  vaccinated  within  seven  years 
next  preceding  the  application  for  admission  to  any  such  school, 
or  any  such  child  or  person ;  nor  shall  any  such  principal  or  teacher 
retain  or  permit  to  attend  in  any  such  school  any  child  or  person 


376  REVISED    ORDINANCES. 

who  shall  not  have  been  vaccinated  within  seven  years  next  pre- 
ceding the  attendance  of  such  child  or  person,  and  evidence  of 
such  vaccination  shall  be  presented  to  any  such  ])rincipal  or  teacher 
in  the  form  of  a  certificatte  signed  by  the  commissioner  of  health 
or  any  physician  duly  licensed  under  the  laws  of  the  state  of 
Nebraska. 

Visiting  school. 

Rule  32.  The  commissioner  of  health  is  hereby  directed  to 
visit  or  cause  to  be  visited  any  and  all  schools,  public,  private 
and  sectarian,  and  make  or  cause  to  be  made,  an  examination  of 
the  children  or  persons  attending  such  schools  as  often  as  he  may 
deem  necessary  to  secure  compliance  with  the  rules  of  the  health 
commissioner  relative  to  the  health  and  general  welfare  of  the  city 
of  Omaha. 

Barber  shop  rules. 

Rule  33.  Every  place  of  business  used  as  a  barber  shop 
or  hair-dressing  establishment,  together  with  all  furniture  used 
therein,  shall  be  kept  at  all  times  in  a  clean  and  sanitary  condition. 
Floors  and  woodwork  shall  not  be  swept  or  brushed  dry,  but 
must  be  mopped  up  Avith  an  antiseptic  solution  to  be  approved 
by  the  commissioner  of  health.  They  shall  be  provided  with 
running  hot  and  cold  water  and  every  wash  basin  used  therein 
shall  be  connected  with  the  sewer  and  properly  trapped.  No 
such  place  shall  be  used  as  a  dormitory. 

Hair  dressers,  regulations.  ^ 

Rule  34.  Barbers  and  hair  dressers  shall  use  hair  brushes 
known  as.  "Sanitary  Brushes,"  These,  as  well  as  mugs,  shaving 
brushes  and  combs  must  be  sterilized  by  immersion  in  boiling 
water,  or  by  dipping  in  five  per  cent  formahn  solution.  Needles 
tweezers,  forceps  scizzors  and  clippers  and  other  instruments 
must  be  disinfected  in  boiling  water,  or  3  or  5  per  cent  formalin 
solution,  immediately  after  using  and  thoroughly  dried  by  passing 
quickly  through  a  gas  or  alcohol  before  and  after  being  used,  and 
razor  strops  must  be  kept  clean  and  never  wiped  off  with  the 
hand  or  blown  ujDon  with  breath  before  using. 


REVISED    ORDINANCES.  377 

Clean  towel. 

Rule  35.  A  separate  clean  towel  shall  be  used  for  each  per- 
son. The  use  of  powder  puffs,  sponges  and  finger  bowls  is  pro- 
hibited. 

Cuspidors. 

Rule  36.  Cuspidors  must  be  made  with  wide  openings  with- 
out any  beveled  or  rough  edges,  and  shall  contain  water,  and 
when  cleaned  must  be  disinfected  with  some  antiseptic  solution 
to  be  approved  by  the  commissioner  of  health. 

Clean  hands. 

Rule  37.  Every  barber  or  hair  dresser  shall  cleanse  his 
hands  throoughly  immediately  after  serving  each  customer,  and 
shall  keep  his  finger  nails  short  and  clean.  Alum  or  other  material 
used  to  stop  the  flow  of  blood  shall  be  so  used  only  in  powder  form 
and  applied  with  a  towel. 

Using  breath. 

Rule  3S.  Barbers  shall  not  blow  away  with  their  breath 
any  hairs  after  cutting,  but  must  use  a  towel,  bulb  or  fine  hair 
brush,  which  must  be  sterilized  as  the  hair  brushes  are.  Barbers 
and  hair  dressers  must  not  attempt  to  treat  skin  diseases,  barber's 
itch,  etc.,  but  should  advise  their  customers  to  consult  a  physi- 
cian. 

Copy — Rules. 

Rule  29.  The  commissioner  of  health  shall  cause  a  printed 
copy  of  these  rules  relating  to  barbers  and  hairdressers  and  their 
establishments  to  be  placed  in  a  conspicuous  place  in  every  such 
estabhshment,  anfl  see  that  they  are  properly  observed. 

Spitting. 

Rule  40.  No  person  shall  sjjit  or  expectorate  upon  any  floor, 
grating,  step  or  platform  of  any  street  railway  car  or  other  public 
conveyance  used  for  the  purpose  of  conveying  passengers  in  the 
city  of  Omaha;  nor  shall  any  pci-son  spit  or  expectorate  upon  any 
step,  floor,  corridor,  hallway  or  wall  of  any  public  building  within 
the  city  of  Omaha.  The  proprietor  or  lessee  of  any  public  build- 
ing shall  provide  the  corridors  a'ld   lialhvavs  tlici-cof  with  a  siifli- 


378  REVISED    ORDINANCES. 

<;ient  number  of  cuspidors  or  spittoons  placed  at  convenient  places 
for  the  use  of  persons  desiring  to  spit  or  expectorate,  and  all  per- 
sons desiring  to  spit  or  expectorate  while  in  or  about  any  pubHc 
building  shall  use  only  the  cuspidors  or  spittoons  provided  for 
such  purpose.  And  it  is  made  the  duty  of  the  street  car  company 
operating  street  cars  in  the  city  of  Omaha  to  post  a  copy  of  this 
rule  therein. 

Adulteration. 

Rule  41.  No  adulterated  or  deleterious  coffees,  teas  or  other 
preparations  from  which  drinks  are  made  shall  be  bought,  sold, 
held  or  offered  for  sale  by  any  person,  firm  or  corporation  within 
the  city  of  Omaha. 

Diseased  meats. 

Rule  42.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration in  the  city  of  Omaha  to  keep  for  sale,  or  to  offer  or  expose 
for  sale,  or  to  sell  any  unsound,  stale,  putrid  or  diseased  meat, 
fish  or  fowl.  And  it  shall  be  unlawful  for  any  butcher,  meat 
•dealer,  farmer,  stock  raiser,  commission  merchant  or  any  other 
person  or  persons  to  bring  within  the  corporate  hmits  of  the  city 
of  Omaha,  or  have  in  his  possession  or  under  his  control  within 
the  city  of  Omaha,  the  carcass  or  part  of  the  carcass  of  any  animal 
above  the  size  of  a  rabbit  for  the  purpose  of  selhng,  offering  for 
sale,  exposing  or  in  any  manner  disposing  of  the  same  for  human 
food,  unless  such  carcass  or  part  of  carcass  has  been  inspected 
and  been  declared  fit  for  human  food  by  an  inspector  of  the  United 
States  government,  or  an  inspector  of  one  of  the  states  or  terri- 
tories of  the  United  States,  or  an  inspector  of  the  city  of  Omaha, 
and  has  attached  thereto  a  certificate  or  tag  of  such  inspector 
showing  such  inspection;  and  the  bringing  within  or  leaving 
within  the  corporate  Hmits  of  the  city  of  Omaha  of  any  such  car- 
cass or  part  of  carcass  without  such  inspection  and  having  attached 
thereto  such  inspection  tag  or  certificate  is  hereby  prohibited. 

Rule  42^.  The  selling,  offering  for  sale  or  exposing  for  sale 
within  the  corporate  hmits  of  the  city  of  Omaha,  of  the  meat  of 
any  calf  less  than  four  weeks  old  or  of  any  pig  less  than  six  weeks 
old,  or  of  any  lambs  less  than  twelve  weeks  old,  is  hereby  pro- 
hibited and  declared  unlawful. 


''  REVISED    ORDINANCES.  379 

Inspect  cattle,  sheep,  hogs. 

Rule  4o.  It  shall  be  the  duty  of  the  meat  inspector  or  meat 
inspectors  of  the  city  of  Omaha,  upon  due  notification  and  request 
so  to  do,  to  attend  any  place  designated  as  herein  provided  for 
the  slaughterino-  of  cattle,  sheep  and  hogs,  and  examine  and  in- 
spect any  and  all  cattle,  sheep  or  hogs  proposed  to  be  slaughtered 
for  human  food,  and  condemn  -all  such  cattle,  sheep  or  hogs  as 
shall  for  any  reason,  be  unfit  for  human  food;  and  for  the  inspection 
of  each  animal  inspected  the  inspector  shall  be  authorized  to 
collect  and  charge  for  the  city  of  Omaha,  to  be  reported  and  paid 
to  the  city  treasurer  of  said  city  at  the  end  of  each  month,  fees 
for  inspection,  as  follows: 

Cattle  over  1  year  old,  each 50c 

Calves  under  1  year  old.  each 25c 

Sheep 25c 

Hogs,  each 25c 

Thecommissioner  of  health  shall  furnish  to  the  meat  inspector 
a  suitable  receipt  book  attached  to  stubs,  the  stubs  and  receipts 
to  be  successively  numbered  corresponding  to  each  other;  and  it 
shall  be  unlawful  for  the  meat  inspector  to  accept  any  money 
or  thing  of  value  for  the  inspection  of  any  carcass  or  part  of 
carcass  of  any  animal  to  be  used  for  human  food  without  givng 
a  receipt  therefor,  or  to  give  any  receipt  other  than  those  furnished 
by  the  health  commissioner,  or  to  make  any  receipt  differing  in 
any  material  respect  from  the  entry  made  on  the  stub.  It  shall 
be  the  duty  of  the  meat  inspector  to  turn  over  to  the  city  comp- 
troller, on  the  first  day  of  each  month  the  stubs  of  all  receipts 
by  him  issued  during  the  preceding  month.  Anj'  violation  of  the 
provisions  of  this  rule  shall  subject  the  meat  inspector  to  im- 
mediate removal.. 

Refrigerators, 

Rule  44.  The  keeping  of  meat,  fish  or  dressed  fowl  in  any 
refrigerator  or  other  place  which  is  not  properly  ventilated  and 
kept  clean  and  suitable  for  such  purpose  is  hereby  prohibited. 

Inspector's  duties. 

Rule  45.  It  shall  be  the  duty  of  the  meat  inspectors  of  the 
city  of  Omaha  to  inspect  and  examine  all  meats,  fish,  game  or 
poultry  offered  or  exposed  for  sale  in  the  city  of  Omaha,  and  also 


380  REVISED    ORDINANCES. 

all  meat  brought  within  the  limits  of  said  city  for  food,  and  to 
take  such  steps  as  may  be  necessary  to  prevent  the  sale  of  meat 
which  has  not  attached  thereto  the  official  tag  or  certificate  of 
inspection,  and  to  take  such  steps  as  may  be  necessary  to  prevent 
the  sale  of  any  tainted,  unwholesome  or  diseased  meat,  fish,  game 
or  poultry,  or  which  for  any  reason  may  be  unfit  for  human  food, 
and  to  condemn  all  such  meat,  fish,  game  or  poultry. 

Examine  stock  yards. 

Rule  46.  It  shall  also  be  the  duty  of  said  inspectors,  from 
time  to  time,  and  as  often  as  may  be  necessar}^,  to  examine  all 
stock  yards  and  slaughter  houses  about  or  near  the  cit}^  of  Omaha 
where  stock  is  kept  for  the  purpose  of  being  slaughtered  for  the 
markets  of  said  city,  or  for  consumption  as  food  therein;  and  to 
take  notice  and  make  a  record  of  all  diseased,  injured  or  disabled 
animals,  and  which  by  reason  thereof,  or  for  anj^  other  reason, 
may  be  unfit  or  improper  for  food,  and  to  accordingly  notify  the 
owner  or  superintendent  of  any  such  stock  yards  or  slaughter 
house,  and  thereafter  take  such  action  as  may  be  necessary  to 
ascertain  the  final  disposition  of  any  such  animal  or  animals,  and 
to  prevent  the  carcass  or  meat  thereof  being  sold  or  offered  for 
sale  within  said  city. 

Enter  store. 

Rule  47.  Said  inspectors  are  hereby  authorized  and  em- 
powered during  business  hours  to  enter  any  store,  market  building, 
commission  house  or  other  place  within  the  city  of  Omaha  where 
meat,  fish,  game  or  poultry  are  offered  or  kept  for  sale  or  exposed 
for  sale,  and  examine  and  inspect  the  same,  and  if  tainted,  un- 
wholesome, diseased  or  for  any  other  reason  the  same  is  unfit  for 
human  food,  to  condemn  and  cause  the  same  to  be  at  once  removed 
and  disposed  of  at  such  place  or  places,  and  in  such  manner  as 
may  be  directed  by  the  commissioner  of  health. 

Enter  stock  yards. 

Rule  48.  Said  inspectors  are  also  authorized  and  empowered 
to  enter  any  stock  yards  or  slaughter  house  within  the  city  of 
Omaha,  or  within  three  miles  of  the  corporate  limits  of  said  city, 
and  within  the  state  of  Nebraska,  and  to  inspect  the  same  and 
examine  and  inspect  any  animal  or  meat  therein  for  the  purpose 
of  determining  whether  the  same  be  unfit  or  unwholesome  for 
human  food. 


REVISED    ORDINANCES.  3S1 

Cooling  meats. 

Rule  49.  No  meat  or  dead  animal  shall  be  taken  to  any 
public  or  private  market  for  sale  until  the  same  shall  have  fully 
cooled,  and  all  blood  shall  have  ceased  dripping  therefrom  after 
its  kilhng,  nor  until  the  entrails,  head,  horns  and  feet  have  been 
removed,  nor  shall  gut  fat  or  any  unwholesome  or  offensive  matter 
or  thing  be  brought  to  or  near  any  such  market. 

Poultry  regulations. 

Rule  50.  No  person,  firm  or  corporation  shall  carry  on  a 
business  of  killing  or  dressing  poultry  or  game  for  sale  within  the 
limits  of  the  city  of  Omaha,  unless  the  house,  yard,  pen  or  T>lace 
where  such  kilhng  or  dressing  shall  take  place  be  provided  with 
a  tight  plank  floor,  or  be  paved  with  brick  or  stone  laid  in  cement. 
If  paved  with  brick  or  stone,  then  the  earth  below  it  shall  be 
sufficiently  soHd  to  prevent  its  becoming  a  recipient  of  filth  and 
offensive  matter.  The  floor  or  pavement  in  every  instance  shall 
be  made  with  a  descent  toward  a  gutter,  which  shall  pass  through 
the  same  and  lead  to  a  public  district  or  private  sewer,  and  no 
dressing  of  poultry  shall  be  done  in  any  place  whatever  not  pro- 
vided with  water  and  sewer  connections.  Every  poultry  dressing 
place  shall  be  whitewashed  at  least  once  in  every  month  between 
the  1st  day  of  April  and  the  1st  day  of  November  in  each  year, 
and  the  offal  and  refuse  shall  be  removed  at  least  once  in  every 
forty-eight  hours.  All  coops  in  which  live  poultr}^  may  be  kept 
for  sale  must  be  of  sufficient  height  to  admit  of  the  birds  standing 
upright  with  room  to  turn  themselves  without  crowding.  It  shall 
be  the  duty  of  the  meat  inspector  to  see  that  the  provisions  of 
this  rule  are  fully  compiled  with. 

Meat  Inspector  report. 

Rule  51.  It  shall  be  the  duty  of  said  meat  inspector  at  the 
end  of  each  week,  or  as  often  as  may  be  required  by  the  com- 
missioner of  health,  to  make  said  commissioner  of  health  a  detailed 
statement  of  his  official  actions  and  doings  as  such  inspector,  and 
of  all  violations  or  evasions  of  any  rules  of  the  health  commis- 
sioner or  of  the  provisions  of  any  ordinances  of  the  city. 

Unhindered  inspection. 

Rule  52.  Every  butcher,  grocer  and  milk  tlcalcr,  their  agents, 
servants    and    employes   shall    allow   the   commissioner   oi    health 


382  REVISED    ORDINANCES. 

and  his  assistants  to  freely  and  fully  inspect  their  cattle,  milk, 
meat,  fish  and  vegetables  held  and  offered  for  sale,  and  shall 
answer  all  reasonable  questions  relative  to  the  condition  thereof 
and  of  the  place  where  such  articles  may  be. 

Stale  fruit  and  vegetables. 

Rule  53.  No  person  or  persons,  firm  or  corporation  shall 
keep,  offer  or  expose  for  sale  any  diseased  fruit  or  vegetables 
whatever,  or  sell  any  stale  or  unsound  vegetable  or  fruit  of  any 
kind  or  description,  or  any  unwholesome  watered  or  adultreated 
milk.  If  milk  shall  be  shown  upon  analysis  to  contain  more  than 
88  per  cent  of  water  or  to  contain  less  than  12  per  cent  of  milk 
solids,  25  per  cent  of  which  milk  solids  shall  be  fats,  it  shall  be 
deemed  to  be  adulterated. 

Mark  milk  cans. 

Rule  54.  No  milk  shall  be  sold,  offered  for  sale  or  kept  for 
sale  within  the  city  of  Omaha  from  which  the  cream  or  any  part 
thereof  shall  have  been  taken,  unless  the  can  or  vessel  containing 
such  milk  shall  be  conspicuously  marked  with  the  words  "skimmed 
milk"  in  plain  letters  not  less  than  two  inches  in  height. 

Impure  milk.. 

Rule  55.  No  milk  or  cream  shall  be  sold,  offered  for  sale 
or  kept  for  sale  within  the  city  of  Omaha  which  is  unclean,  diluted, 
impure,  unhealthy,  diseased,  unwholesome,  adulterated,  or  to 
which  water  or  any  foreign  substance,  coloring  matter  or  preserva- 
tive has  been  added. 

Milk  from  cows  diseased. 

Rule  56.  No  milk  or  cream  shall  be  sold,  offered  for  sale  or 
kept  within  the  city  of  Omaha  which  is  prochiced  from  sick  or 
diseased  cows,  or  from  cows  kept  in  an  unclean,  filthy  or  un- 
healthy condition,  or  from  cows  fed  on  refuse  or  slops  from  dis- 
tilleries, vinegar  factories,  breweries,  or  other  similar  slops  or 
refuse,  and  no  person,  firm  or  corporation  engaged  in  the  pro- 
duction or  sale  of  milk  shall  keep,  or  have  in  his  possession  or  on 
his  premises,  any  slops  or  refuse  from  any  distilleries,  vinegar 
factory,  or  any  similar  slops,  mash  or  refuse,  and  no  person,  firm 
or  corporation  shall  feed  to  any  milch  cow  any  such  slops  or  any 
other  than  good  and  wholesome  food  and  pure  water. 


REVISED    ORDINANCES.  38S 

Milk  from  diseased  cows. 

Rule  57.  Xo  milk  or  cream  shall  be  sold,  offered  for  sale  or 
kept  for  sale  within  the  city  of  Omaha  which  has  been  exposed 
to,  or  contaminated  or  affected  by  any  human  beings  or  animals 
sick  with  any  contagious  or  infectious  disease,  by  which  the  health 
or  life  of  any  person  may  be  endangered  compromised  or  in  any 
way  affected.  No  milk  or  cream  shall  be  sold  which  is  within  fifteen 
days  before  or  eight  days  after  parturition,  nor  shall  the  same  be 
mixed  with  any  other  milk  or  cream  for  the  purpose  cf  sale. 

Percentage  of  impurity. 

Rule  5S.  Xo  milk  shall  be  sold  or  offered  for  sale  or  kept 
for  sale  within  the  city  of  Omaha  which  contains  more  than  88 
per  cent  of  watery  fluid  or  less  than  12  per  cent  of  total  solids, 
3  per  cent  of  which  total  solids  shall  be  butter  fats.  No  cream 
shall  be  sold,  offered  for  sale  or  kept  for  sale  within  the  city  of 
Omaha  which  contains  less  than  16  per  cent  butter  fats. 

Sour  milk. 

Rule  59.  Xothing  in  these  rules  shall  be  so  construed  as 
to  prohibit  the  sale  of  sour  milk,  or  w^hat  is  known  as  buttermilk, 
provided  the  same  is  sold  as  such,  and  is  produced  from  pure  and 
wholesome  milk. 

Milk  Inspector,  appointment  of. 

Rule  60.  The  health  commissioner  shall  appoint  an  officer 
to  be  known  as  the  milk  inspector.  Said  milk  inspector  shall 
inspect  and  test  the  milk  of  every  vendor  once  a  mon-th  or  oftener 
if  required  by  the  commissioner  of  health.  Said  milk  inspector 
shall,  once  in  two  months,  or  oftener  if  required  by  the  com- 
missioner of  health,  inspect  all  cows  from  which  milk  or  cream  is 
sold  within  the  city  of  Omaha;  he  shall  view  and  ins]:)ect  all  stables 
houses  or  places  where  cows  are  kept  or  fed,  and  the  food  upon 
which  said  cows  are  fed,  and  shall  make  note  of  the  same  in  a  book 
provided  by  the  health  commissioner  for  that  purjiose.  If  any 
such  cows  are  fed  upon  food  prohibited  by  these  rules  or  are  found 
in  an  unclean  or  unhealthy  condition,  or  in  case  the  owner  of  such 
cows  does  not  conform,  in  all  respects,  with  the  r('<iuiremeiits  of 
these  rules,  then  said  inspector  shall,  in  writing,  notify  the  keeper 
or  owner  of  such  coavs  or  premises  to  conform  to  the  recjuirements 
of  these  rules,  stating  wherein  said  owner  is  not  coinplxing  with 


3S4  REVISED    ORDINANCES. 

the  provisions  hereof;  and  any  such  owner  or  keeper  shall  at 
once  cease  to  sell  milk  or  cream  from  any  cow  found  in  an  un- 
healthy or  bad  condition  until  such  objection  is  abated  or  removed, 
and  kept  so,  and  shall  immediately  comply  with  the  requirements 
of  said  notice.  It  shall  also  be  the  duty  of  the  milk  inspector  to  in- 
spect all  wagons  and  other  vehicles  used  for  the  delivery  of  milk  or 
cream  within  the  city  of  Omaha,  and  see  that  the  owners  of  same, 
or  their  drivers,  servants  or  employes,  keep  the  same  in  a  neat, 
clean,  sanitary  and  sightly  condition. 

Veterinary  surgeon. 

Rule  61.  Whenever  said  inspector  shall  find  any  cow  or 
cows  that  are  sick  or  diseased  in  any  way  and  the  inspector  does 
not  consider  himself  competent  to  decide  on  the  case,  then  under 
the  direction  of  the  commissioner  of  health,  said  inspector  shall 
call  in  the  city  veterinary  surgeon  to  visit  said  cow  or  cows  and 
give  direction  for  treatment  or  disposition  of  the  same.  Said 
inspector  shall  cause  any  person  violating  any  of  these  rules  to 
be  prosecuted.  Said  milk  inspector  shall  report  each  month  to 
the  commissioner  of  health  all  tests  and  analyses  of  the  condition 
of  all  cows,  dairies,  wagons  and  stables  inspected,  with  the  names 
of  producers  and  sellers  and  all  cases  of  violation  of  these  rules. 

Milk  receptacles. 

Rule  62.  The  milk  inspector  or  any  other  person  acting 
under  the  orders  of  the  commissioner  of  health  may,  at  any  time, 
inspect  milch  cows,  wagons,  cans  and  other  receptacles  used  for 
milk,  stables  and  yards  owned  or  used  by  any  person,  firm  or 
corporation  producing  milk  for  sale,  or  selling  the  same  in  the 
city  of  Omaha,  and  may  require  samples  of  not  less  than  four 
ounces  or  more  than  one  pint  to  be  delivered  to  him  for  analysis 
from  vessels  or  cans  containing  such  milk,  such  analysis  or  test 
to  he  made  with  such  instruments,  chemical  or  other  articles, 
and  to  such  extent  as  by  said  commissioner  of  health  may  be 
deemed  necessary.  Any  person  or  persons,  firm  or  corporation,  or 
any  agent  or  employe  thereof  who  shall  refuse  to  allow  such  in- 
spection shall  be  deemed  guilty  of  a  misdemeanor.  Any  person  or 
persons,  firm  or  corporation  engaged  in  the  production  and  sale 
of  milk  shall  report  immediately  to  the  commissioner  of  health 
any  case  of  sickness  of  over  three  days'  duration  in  his  or  their 
family,  or  upon  his  or  their  premises,  or  among  their  employes, 


REVISED    ORDINANCES.  385 

and  each  and  every  failure  or  refusal  so  to  do  shall  be  deemed 
a  misdemeanor  and  render  such  person,  firm  or  corporationsubject 
to  fine  and  prosecution. 

Ice  tested. 

Rule  63.  Every  person,  firm  or  corporation  seUing  or  keeping 
for  sale  ice  within  the  corporate  limits  of  the  city  of  Omaha  shall 
upon  the  first  day  of  each  month,  or  within  three  days  thereafter, 
cause  a  sanitary  test  of  a  sample  of  ice  to  be  made  at  their  own 
expense.  Said  sample  of  ice  shall  be  selected  by  the  commissioner 
of  health,  and  the  results  of  said  test  shall  be  posted  in  a  con- 
spicuous place  in  the  office  of  the  commissioner  of  health,  and  it 
is  hereby  made  the  duty  of  said  commissioner  of  health  to  see 
that  the  provisions  of  this  rule  are  strictly  enforced. 

Impure  food. 

Rule  64.  No  person  being  the  manager  or  keeper  of  any 
saloon,  boarding  house  or  lodging  house,  or  being  employed  as 
clerk,  servant  or  agent  thereat  shall  therein  or  thereat  offer  or 
have  for  food  or  drink,  to  be  eaten  or  drank,  any  provisions  dele- 
terious, unwholesome  or  poisionous  substance,  nor  allow  anything 
therein  to  be  done  or  occur  prejudicial  to  health. 

Removal  dead  animals. 

Rule  65.  Xo  person,  firm,  association  of  persons  or  corpora- 
tion shall  collect,  remove  or  haul  dead  animals  (not  slain  for  human 
food),  garbage  or  night  "soil  upon  or  along  any  public  street  Or 
alley  or  public  ground  in  the  city  of  Omaha  without  having  a 
contract  with  said  city,  or  license  or  permit  so  to  do. 

Fees. 

Rule  66.  Any  person,  firm,  corporation  or  association  of 
persons  who  shall  collect  and  remove  dead  animals,  garbage, 
manure,  ashes,  filth,  offal,  night  soil,  etc.,  within  the  corporate 
limits  of  the  city  of  Omaha  shall  be  entitled  to  charge,  collect  and 
receive  for  the  removal  thereof  from  the  owner  or  occupant  of 
the  premises  from  which  the  same  is  removed,  the  following  fees: 

Each  dead  animal  weighing  more  than  500  pounds .'B2.00 

Each  dead  animal  weighing  loss  than  500  ])ounds 1 .00 

Each  dead  dog 75 

Each  dead  cat 25 


386  REVISED    ORDINA.NCES. 

Each  load  of  manvire,  ashes  or  other  refuse  matter 50 

(The  standard  of  a  load  of  manure  shall  be  64  cubic  feet 

and  of  ashes  and  other  solid  refuse  matter  27  cubic  feet.) 
Each  barrel  of  garbage  or  refuse  matter  thirty  gallons  or 

more  in  size 20 

Barrels,  boxes  or  other  receptacles  of  less  than  thirty  gallons 

of  garbage  or  other  refuse  matter,  for  each  ten  gallons .  .  .10 
Night  soil,  where  accessible  by  teams,  for  each  cubic  foot.  .      .10 

Garbage — How  hauled. 

Rule  67.  Every  car  or  vehicle  used  to  transport  garbage, 
night  soil,  swill,  offal  or  anything  containing  any  liquid  matter 
in  or  through  the  streets  or  allej's  of  the  city  of  Omaha  shall  be 
fitted  with  a  good  and  substantial  water-tight  box  thereon,  so 
that  no  portion  of  such  garbage  or  other  liquid  shall  be  scattered 
dropped,  or  thrown  into  the  streets  or  alleys;  and  shall  be  fitted 
with  sufficient  coverings  to  prevent  the  escape  of  any  of  the  con- 
tents or  effluvia  therefrom.  And  all  carts  for  any  other  dry  material 
shall  be  fitted  w^th  a  good  and  substantial  box  and  w^ith  such 
covering  or  protection  as  will  prevent  such  manure,  ashes,  cinders, 
refuse  paper  or  other  dry  material  from  falling,  dropping  or  blowing 
off  in  transportation  through  the  streets  or  alleys. 

How  kept. 

Rule  68.  It  shall  be  the  duty  of  the  occupants  of  buildings 
in  which  garbage,  ashes  or  refuse  matter  may  accumulate  to  place 
such  garbage,  ashes  or  refuse  matter  in  water-tight  barrels  or 
vessels,  to  be  provided  by  such  occupant  for  such  purpose  in  the 
rear  of  the  premises  of  such  occupant  or  at  such  other  suitable 
place  as  not  to  cause  offense  or  annoyance;  manure,  ashes,  garbage 
and  refuse  matter  shall  be  so  placed  as  to  be  accessible  by  team 
for  the  purpose  of  removal;  such  vessel  shall  be  of  size  not  too 
large  for  convenient  handling.  And  it  is  also  made  the  duty  of 
the  occupants  or  owners  of  buildings  to  remove  or  cause  to  be 
removed  all  garbage  or  any  refuse  matter  so  placed  and  to  pay 
or  cause  to  be  paid  to  said  collector  for  any  garbage  or  any  refuse 
matter  removed  by  him  the  legal  fees  as  oy  these  rules  prescribed, 
and  no  occupant  shall  allow  more  than  ten  gallons  of  garbage 
or  other  refuse  matter  or  more  than  one  wagon  load  of  manure 
to  accumulate  at  one  time.  The  commissioner  of  health  may 
order  the  removal  of  any  garbage,  manure  or  other  refuse  matter 


REVISED    ORDINANCES.  387 

when    in   his  judgment  he  deems  it  necessary  for  the  health  of 
the  city. 

Depositing  refuse  on  street. 

Rule  69.  No  person  or  persons  shall  throw  garbage,  swill, 
offal  or  other  refuse  matter  on  or  over  manure  or  ashes.  And  no 
person  or  persons  shall  throw  or  deposit  or  cause,  permit  or  au- 
thorize to  be  thrown  or  deposited,  upon  any  street,  alley  or  public 
grounds  of  the  city  of  Omaha,  any  manure,  ashes,  kitchen  garbage, 
offal,  night  soil,  refuse  matter,  offensive  or  putrid  matter,  or  to 
cause  or  to  allow  or  permit  to  be  thrown  or  to  remain  upon  his 
or  their  premises,  either  owned,  rented  or  occupied  by  them,  any 
such  refuse  matter  or  garbage  so  as  to  cause  or  create  a  nuisance 
or  offense. 

Upsetting  garbage. 

Rule  70.  No  person  or  persons  shall  intentionally  upset  or 
overturn  any  garbage  vessel  in  any  lot,  street  or  alley,  gutter  or 
catch  basin  in  the  city  of  Omaha,  nor  shall  any  person  transport 
manure,  night  soil,  garbage,  swill  or  dead  animals  in  or  through 
the  streets  or  alleys  of  the  city  of  Omaha  in  any  other  manner 
than  is  provided  by  these  rules. 

Definition. 

Rule  71.  The  wortl  "garbage"  as  used  herein  is  intended  to 
mean  all  refuse,  liquid  or  other  animal,  fruit  or  vegetable  matter, 
which  attends  the  preparation,  use,  cooking  or  dealing  in,  or 
storing  of  meat,  fish,  fowl  or  vegetables  and  which  is  unfit  for 
human  food.  All  other  matter  upon  which  garbage,  as  above 
defined,  has  been  thrown,  or  with  which  garabge,  as  above  defined, 
has  been  mixed,  shall  be  deemed  garbage. 

Exposed  carcasses. 

Rule  72.  The  carcasses  of  animals  (not  slain  foi-  human 
food)  lying  in  the  streets  or  puhhc  places  of  tlu>  city  of  Omaha,  or 
on  i)rivate  premises  therein,  are  hereby  declared  to  be  a  nuisance. 
And  it  shall  be  the  duty  of  the  pohce  department  to  notify  the 
commissioner  of  health  of  the  whereabouts  of  any  aninud  carcass 
which  may  be  found  or  of  the  existence  of  wiiich  within  the  city 
limits  they  nuiy  be  informed,  as  soon  as  possible;  and  within 
eight  hours  of  daylight  time  after  receiving  such   notice,  it  shall 


388  REVISED    ORDINANCES. 

be  the  duty  of  the  commissioner  of  health  to  cause  the  removal 
of  the  same,  the  cost  of  such  removal  to  be  paid  b}'  the  owner 
or  harborer  of  such  animal;  and,  in  the  event  that  the  owner  or 
harborer  is  unknown  or  cannot  be  found,  the  cost  of  removing 
said  animal  shall  be  paid  by  the  city. 

Dumping  ground. 

Rule  73.  The  commissioner  of  health  shall  designate  a 
dumping  place  along  the  Missouri  river  in  the  city  of  Omaha  for 
the  use  of  parties  to  whom  a  permit  or  a  license  may  be  issued 
by  the  said  city,  under  these  rules  and  regulations  and  such  others 
as  may  be  hereafter  adopted,  or  those  having  a  contract  with  the 
city  to  remove  and  haul  night  soil,  garbage,  offal,  dead  anmials, 
manure,  ashes  or  other  refuse  and  noxious  matter  at  and  between 
the  following  described  points  in  said  city;  commencing  at  the 
east  end  of  Marcy  street  on  the  south  line  thereof  as  extended 
to  the  Missouri  river;  thence  north  along  the  west  bank  of  the 
Missouri  river  to  the  north  line  of  the  alley  between  Harney  and 
Farnam  streets. 

Garbage  in  gutter. 

Rule  74.  No  person  shall  deposit  on  any  street,  alley  or 
public  place  within  the  limits  of  the  city  of  Omaha  any  dirt,  brick 
or  other  material  in  such  manner  as  to  obstruct  the  free  flow  of 
water  along  any  ditch  or  gutter.  And  no  person,  firm  or  corpora- 
tion, their  agents,  servants  or.  contractors,  shall  use  any  manure, 
offal,  paper,  rags,  garbage,  or  street  sweepings,  or  animal  or  vege- 
table matter  whatever  in  filling  up  any  excavation,  swale  or  hole 
upon  any  lot  or  lots,  or  use  any  such  material  for  the  purpose  of 
raising  the  grade  of  any  lot  or  lots  in  the  city  of  Omaha,  or  use 
any  material  except  earth,  ashes  or  cinders  for  any  of  said  purposes. 

Refuse  in  water. 

Rule  75.  Xo  person  or  persons,  firm  or  corporation,  shall 
throw,  pla^e  or  deposit,  or  cause  to  be  thrown,  placed  or  deposited, 
any  dung,  carrion,  dead  animal,  offal,  garbage  or  any  putrid  or 
offensive  substance,  or  the  contents  of  any  privy  or  cesspool, 
upon  the  margin  or  bank,  or  into  the  waters  of  any  lake,  reservoir, 
creek  or  pond  in  the  city  of  Omaha,  or  into  any  stream  flowing 
into  any  of  the  same,  or  upon  any  street,  alley,  public  or  private 
ground,   the  natural  drainage  of  the  surface   waters  of  which   is 


REVISED    ORDINANCES.  389 

into  any  river,  creek,  reservoir,  lake  or  other  body  of  water  within 
the  hmits  of  said  city,  except  as  directed  or  permitted  by  the 
commissioner  of  health. 

Dog  pound. 

Rule  76.  It  shall  be  the  duty  of  the  dog  pound  keeper, 
during  the  time  authorized  so  to  do  by  concurrent  resolution  of 
the  mayor  and  city  council,  to  capture  and  secure  all  dogs  found 
unlawfully  running  at  large,  and  remove  same  to  the  dog  pound, 
where  the  said  dogs  shall  have  free  access  to  water  and  be  suffi- 
ciently fed,  at  least  twice  every  twenty-four  hours  while  so  de- 
tained. It  shall  also  be  the  duty  of  the  dog  pound  keeper  on 
Monday  and  Thursday  of  each  week  to  insert  in  the  official  papers 
of  the  city  a  brief  description  of  each  dog  so  captured  since  the 
last  previous  advertisement;  and  if,  upon  the  Thursday  or  Monday 
following  such  advertisement,  respectively,  any  dog  so  advertised 
shall  remain  unclaimed  or  unredeemed,  said  dog  pound  keeper 
shall  immediately  destroy  the  same  in  such  manner  as  ma}'  be 
approved  by  the  commissioner  of  health.  Provided,  that  any 
vicious  dog  so  captured  by  the  dog  pound  keeper  shall  be  im- 
mediately destroyed  by  him. 

Supervision  dog  pound. 

Rule  77.  The  commissioner  of  health  shall  have  general 
supervision  of  the  dog  pound,  and  shall  see  that  the  same  is  con- 
ducted in  a  quiet,  reliable,  humane  and  proper  manner;  and  it 
shall  be  the  duty  of  the  veterinary  surgeon  to  see  that  all  dogs 
destroyed  by  the  dog  pound  keeper  are  correctly  counted  and 
, properly  disposed  of  in  such  manner  as  not  to  create  a  nuisance 
and  to  prevent  any  fraud  or  imposition  being  perpetrated  on  the 
city. 

Hydrophobia. 

Rule  78.  Every  animal  which  is  mad  or  has  the  hydrojihohia. 
or  shows  symptons  thereof,  shall,  by  the  person  owning  the  same 
or  having  the  possession,  charge  or  control  thereof,  be  immediately 
killed ;  and  every  animal  that  has  been  exposed  to  such  disease 
shall  be  at  once  confined  in  some  secure  place  for  such  length  of 
time,  (not  less  than  fifteen  days)  as  to  show  that  such  exposure 
has  not  given  such  animal  said  disease,  and  so  as  to  avoitl  all 
danger  to  hfe  and  health.     And  the  dead  body  of  any  aninuil 


390  REVISED    ORDINANCES. 

that  died  of  such  disease  shall  be  at  once  by  such  perosn,  disposed 
of  under  the  immediate  supervision  of  the  commissioner  of  health. 

Glanders. 

Rule  79.  No  person  shall  keep  or  retain,  or  allow  or  employ 
to  be  kept  or  retained  in  any  place  within  the  hmits  of  the  city 
of  Omaha  any  horse,  ass  or  colt  having  the  disease  known  as  the 
glanders,  or  farcj',  and  all  such  animals  found  within  the  city 
limits  or  within  three  miles  thereof  shall  be  immediately  destroyed 
and  disposed  of  by  order  of  the  veterinary  surgeon. 

Rule  80.  No  cattle  shall  be  kept  in  any  place  of  which  the 
water,  ventilation  and  food  are  not  sufficient  and  wholesome  for 
the  preservation  of  their  health  and  safe  condition.  Every  owner, 
agent,  leasee,  tenant  or  occupant  of  anj-  stall,  stable  or  apartment 
in  which  any  horse,  cow  or  other  animal  mny  be  kept,  or  any 
place  in  which  any  manure  or  solid  or  liquid  discharge  or  excre- 
ment may  collect  or  accumulate  shall  at  all  times  keep  or  cause 
to  be  kept  such  stall,  stable  or  apartment  and  the  drainage,  yards 
and  appurtenances  thereof  in  a  cleanly,  healthful  and  wholesome 
condition,  and  no  offensive  smell  shall  be  allowed  to  escape  there- 
from, and  the  same  shall  be  disinfected  in  accordance  with  the 
instructions  of  the  commissioner  of  health. 

Nuisance — Notice . 

Rule  81.  It  shall  be  the  duty  of  the  commissioner  of  health 
to  serve  a  notice,  in  writing  upon  the  owner,  occupant  or  agent 
of  any  lot,  building  or  premises  in  or  upon  which  any  nuisance 
may  be  found,  or  who  may  be  the  owner  or  cause  of  any  such  nui- 
sance requiring  immediate  abatement  of  such  nuisance.  And  in 
case  such  owner,  occupant  or  agent  fails,  neglects  or  refuses  to 
comply  with  such  notice  the  commissioner  of  health  shall  cause 
such  nuisance  to  be  abated,  and  Provided  Further,  that  whenever 
the  owner,  occupant  or  agent  of  premises  in  or  upon  which  any 
nuisance  may  be  found  is  unknown  or  cannot  be  found,  the  com- 
missioner of  health  shall  proceed  to  abate  the  same  without 
notice,  and  in  either  case  the  expense  of  such  abatement  shall 
be  collected  from  the  persons  who  may  have  created,  continued 
or  suffered  such  nuisance  to  exist  or  from  the  owner  of  the  premises 
upon  which  such  nuisance  is  found.  And  for  the  purpose  of 
carrying  out  the  requirements  of  this  rule  the  commissioner  of 
health  shall  be  permitted  at  all  times  to  enter,  in  the  daytime,  any 


REVISED    ORDINANCES.  391 

house,  store,  stable  or  other  building    and    to    make    any    exam- 
ination he  may  deem  necessary. 

Filthy  drains. 

Rule  S2.  Any  unclean  leaking,  foul,  defective  or  filthy 
drain,  ditch,  tank  or  gutter,  or  any  leaking  or  broken  slop,  gar- 
bage or  manure  box  or  receptacle  of  Hke  character,  wherever  or 
whenever  found  within  the  hmits  of  the  city  of  Omaha,  shall  be 
deemed  a  nuisance. 

Vegetable  waste. 

Rule  83.  All  vegetable  waste,  Utter,  garbage,  filth  or  refuse 
of  any  nature,  kind  or  description  whatsoever  found  in  or  upon 
any  public  or  private  alley,  yard  or  area  within  the  limits  of  the 
cit}^  of  Omaha,  except  as  is  so  deposited  under  the  provisions  of 
these  rules,  shall  be  deemed  a  nuisance. 

Defective  hydrants. 

Rule  84.  Whenever  any  cellar,  basement  or  part  thereof, 
or  any  house  or  building  within  the  hmits  of  the  city  of  Omaha,  shall 
be  found  to  be  damp  or  moist  by  reason  of  leaking  or  de- 
fective hydrants,  water  pipes,  sewer  pipes,  cisterns  or  wells,  gutters, 
drains,  rain  spouts  or  seepage  from  the  surrounding  earth  or  from 
a  deposit  of  any  kind  or  nature,  or  from  any  cause  whatever  shall 
become  detrimental  to  health,  the  same  shall  be  deemed  a  nuisance. 

Unclean  stables — Nuisance. 

Rule  85.  Whenever  any  stable,  stall,  shed,  or  apartment, 
or  an}^  yard  or  appurtenance  thereof  in  which  any  horse,  cow, 
swine  or  other  animal  shall  be  kept,  or  any  place  within  the  hmits 
of  the  city  of  Omaha  on  which  manure  or  hquid  discharges  of  such 
animal  shall  collect  or  accumulate  and  which  shall  not  be  kept 
in  a  cleanly,  and  wholesome  condition  so  that  no  offensive  smell 
shall  be  allowed  to  escape  therefrom,  the  same  shall  be  deemed 
a  nuisance;  Provided,  that  nothing  in  these  rules  shall  be  con- 
strued to  include  manure  deposits  upon  any  private  property  for 
the  purpose  of  cultivating  the  same. 

Waste. 

Rule  86.     Whenever  shere  shall  be  found  in  or  upon  any  lot 
or  piece  of  ground  within  the  limits  of  the  city  of  Omaha,  any 


392  REVISED    ORDINANCES. 

dirt  gathered  in  cleaning  yards,  waste  from  mills  or  factories  or 
any  rags,  damaged  merchandise,  wet,  broken  or  leaking  barrels, 
casks  or  boxes,  or  any  materials  which  are  offensive  or  tend  by 
decay  to  become  putrid  or  render  the  atmosphere  impure  or  un- 
wholesome, the  same  shall  be  deemed  a  nuisance. 

Weeds. 

Rule  87.  Xo  person,  persons,  firm  or  corporation  shall  per- 
mit or  allow  weeds  to  grow  or  stand  upon  any  street,  alley,  lot 
or  ground  owned  or  controlled  by  him  or  them  within  the  city  of 
Omaha,  and  weeds  permitted  or  allowed  to  stand  or  grow  upon 
any  street,  alley,  lot  or  ground  w^ithin  said  city  shall  be  deemed  and 
considered  a  nuisance;  and  it  is  hereby  made  the  duty  of  any 
person,  persons,  firm  or  corporation  owning  or  occupying  any  lot 
or  ground  in  the  city  of  Omaha  to  keep  the  same  and  the  streets 
and  alleys  fronting  or  abutting  the  same  free  and  clear  of  weeds, 
and  failing,  neglecting  or  refusing  so  to  do,  such  person,  persons,  firm 
or  corporation  shall  be  deemed  and  considered  guilty  of  main- 
taining a  nuisance,  and  such  nuisance  may  at  any  time  be  abated 
by  the  commissioner  of  health,  who  shall  report  to  the  city  council 
the  cost  of  abating  such  nuisance,  which  cost  shall  be  levied  bv 
the  city  council  upon  the  lot  or  ground  upon  or  opposite  to  which 
the  same  shall  have  been  abated. 

Rendering. 

Rule  SS.  The  business  or  any  part  thereof  of  bone-crushing, 
bone-boihng,  bone-rendering,  bone-burning,  fat-boihng,  fat-ren- 
dering, fat-drying,  gut-cleaning,  or  the  making  of  glue  or  the 
manufacture  of  fertilizing  material  of  any  kind  or  description 
from  any  dead  animal  or  part  thereof,  or  any  boiling  of  offal,  swill, 
fat  or  grease  of  any  description  which  shall  be  done  or  carried  on 
in  an  offensive,  unclean  or  defective  manner  in  an}-  building,  yard, 
lot  or  ground  within  the  limits  of  the  city  of  Omaha,  shall  be  deem- 
ed a  nuisance. 

Erection  stock  yards. 

Rule  89.  Xo  person,  persons,  firm  or  corporation  shall  erect 
any  stock  yards,  slaughter  house,  pig  pen,  soap,  coal  oil  or  vitriol 
factory  within  the  limits  of  the  city  of  Omaha  without  permission 
from  the  commissioner  of  health  and  the  approval  of  the  city 
council. 


REVISED    ORDINANCES.  393 

Offensive  water. 

Rule  90.  Any  lot  or  piece  of  ground  within  the  limits  of  the 
city  of  Omaha  on  which  there  is  a  pond  of  unwholesome,  impure 
or  offensive  water  shall  be  deemed  a  nuisance. 

Impure  well. 

Rule  91.  Any  well  or  cistern  on  any  property  within  the 
Hniits  of  the  city  of  Omaha,  whenever  a  chemical  analysis  or  other 
proper  test,  or  the  location  of  the  same,  shows  that  the  water  of 
said  well  or  cistern  is  of  an  impure  or  unwholesome  nature,  shall 
be  deemed  a  nuisance  and  the  owner,  agent,  tenant,  occupant, 
lessee  or  other  person  in  possession  of  any  premises  or  any  part 
thereof  upon  which  any  such  well  or  cistern  is  located  must  cause 
the  same  to  be  cleaned  or  abandon  the  use  of  the  same,  and  must 
cause  the  same  to  be  filled  up  with  earth  or  such  other  material 
as  may  be  designated  by  the  commissioner  of  health ;  and  no  well 
shall  be  maintained  on  any  premises  within  the  city  of  Omaha 
where  it  is  possible  to  obtain  city  water,  or  within  fifty  feet 
of  a  water  main. 

Bakery  regulations. 

Rule  92.  Every  building  occupied  and  used  as  a  bakery 
and  confectionery  establishment  shall  be  well  drained  and  all 
plumbing  therein  shall  be  constructed  in  accordance  with  well- 
established  sanitary  principales  and  of  good  workmanship,  and 
the  rooms  thereof  used  for  the  manufacture  or  sale  of  bread  and 
other  food  products  shall  be  light,  dry  and  airy.  The  room  or 
rooms  used  for  the  manufacture  of  bread  and  other  food  products 
shall  have  floors  and  side  walls  so  constructed  as  to  exclude  rats, 
mice  and  other  vermin,  shall  at  all  times  be  free  from  moisture 
and  kept  in  a  good  state  of  repair.  Said  floors  shall  have  a  smooth 
surface  and  be  impermeable  and  may  be  constructed  of  wood, 
cement  or  of  tile  laid  in  cement,  but  no  wood  floor  shall  be  con- 
structed in  any  room  used  for  the  manufacture  of  flour  or  meal 
food  products  where  the  floor  of  said  room  is  more  than  two  feet 
below  the  level  of  the  street,  sidewalk  or  adjacent  grounds;  and 
hereafter  no  bakery  shall  be  established  in  a  room  the  floor  of 
which  is  more  than  two  feet  below  the  level  of  the  street,  sidewalk 
or  adjacent  ground.  The  walls  and  ceilings  of  such  rooms  used 
for  the  manufacture  of  bread  and  other  flour  and  meal  products 
shall  be  whitewashed  at  least  once  in   three  months  where  prac- 


■394  REVISED    ORDINANCES. 

ticable,  and  the  floor,  utensils  and  furniture  of  such  rooms  as  are 
used  for  the  manufacture,  storing  or  sale  of  said  food  products 
and  the  wagons  used  for  the  delivery  of  said  products  shall  at  all 
times  be  kept  in  a  clean  and  sanitary  condition.  The  furniture 
and  utensils  of  such  rooms  shall  also  be  arranged  so  that  the 
same  can  be  easily  and  perfectly  cleaned. 

Water  closet. 

Rule  93.  No  water  closet,  earth  closet,  privy  vault  or  ash 
pit  shall  be  within  or  communicate  directly  with  the  bake- room 
■or  any  other  room  used  in  the  manufacture  of  bread  of  other  flour 
or  meal  food  products.  The  sleeping  places  for  workmen  em.- 
ployed  in  bakeries  shall  be  separate  and  distinct  from  the  places 
used  in  the  manufacture  of  bread  and  other  food  products.  While 
engaged  in  the  manufacture  of  bread  and  other  flour  and  meal 
food  products  the  workmen  shall  wear  caps  and  slippers  or  shoes 
and  an  external  suit  of  coarse  linen  used  for  that  purpose  only, 
.and  these  garments  shall,  at  all  times,  be  kept  in  a  clean  condition. 
All  bakeries  shall  be  provided  with  ample  toilet  facilities  to  enable 
■the  workmen  employed  therein  to  keep  their  persons  clean,  and 
•.shall  also  be  provided  with  separate  dressing  rooms  to  enable 
the  workmen  to  change  their  clothes  and  keep  the  same  in  proper 
condition. 

Infected  workman. 

Rule  94.  Xo  person  shall  work  or  be  employed  in  or  about 
any  bakery  or  other  establishment  for  the  manufacture  of  food 
products  during  the  time  in  which  a  case  of  infectious  disease 
■exists  in  the  house  in  which  he  resides,  nor  thereafter  until  the 
commissioner  of  health  issues  a  certificate  in  writing  that  no  dan- 
ger of  public  contagion  would  result  from  the  employment  of  said 
person  in  such  establishment. 

Duty  of  owner. 

Rule  95.  It  shall  be  the  duty  of  every  occupant,  whether 
owner  or  leesse,  of  every  room  or  building  used  as  a  bakery  or  other 
establishment  for  the  manufacture  of  food  products  to  carry  out 
the  provisions  of  these  lules  and  to  make  all  the  changes  and 
additions  necessary  therefor.  No  criminal  prosecution  shall  be 
made  for  any  violation  of  the  provisions  of  this  rule  until  thirty 
days  after  notice  in  writing  by  the  commissioner  of  health  of  any 


REVISED    ORDINANCES.  395 

change  necessary  to  be  made  to  comply  with  the  provisions  of 
these  rules  has  been  served  upon  the  owner,  manager  or  officer 
operating  such  establishment. 

Permit. 

Rule  96.  No  person,  firm  or  corporation  shall  engage  in 
the  business  of  conducting  a  bakery  or  other  establishment  for  the 
manufacture  of  food  products  without  having  first  secured  a  per- 
mit therefor,  which  permit  shall  be  issued  to  such  person,  firm  or 
corporation  by  the  commis'^ioner  of  health  upon  payment  to  the 
city  treasurer  by  the  applicant  for  such  permit  of  a  fee  of  $5  for 
any  single  establishment  per  annum,  and  every  permit  so  issued 
shall  expire  on  December  31st  of  the  year  in  which  it  is  issued. 

Unhealthy  tenements. 

Rule  97.  Every  tenement  house,  boarding  house,  lodging 
house,  or  any  building  vised  for  such  purposes,  or  any  part  thereof, 
within  the  limits  of  the  city  of  Omaha,  which  shall  be  leased,  let 
or  rented  to  be  occupied  b}'  any  person  or  persons  in  which  to 
dwell  or  lodge,  and  which,  or  any  part  thereof,  is  not  sufficiently 
lighted  or  ventilited  and  provided  with  water  and  kept  in  a  clean- 
ly and  sanitary  condition,  and  the  strength,  ventilation  or  sewer- 
age of  which,  or  any  part  thereof,  is  in  any  manner,  shape  or  form 
insufficient  or  prejudicial  to  life  or  health,  and  which  shall  not  be 
provided  with  adequate  and  properly  constructed  privies  or  water 
closets,  shall  be  deemed  a  nuisance. 

Distillery — Tannery. 

Rule  98.  Whenever,  from  any  distillery,  brewery,  tannery, 
hide  house,  pork  house,  laundry,  fish  house,  soap  factory  or  any 
yard,  dwelling,  store  or  factory  or  enclosure  of  any  kind  whatso- 
ever, within  the  limits  of  the  city  of  Omaha  here  is  discharged 
into  or  on  any  street,  alley,  avenue,  sidewalk,  gutter,  or  any  vacant 
lot  any  filthy  or  offensive  water,  swill  or  liquid  or  waste  or  refuse 
of  any  kind  which  is  offensive,  or  which  is  liable  to  become  so, 
shall  be  deemed  a  nuisance. 

Breweries. 

Rule  99.  Every  brewery,  distillery,  tannery,  livery  stable 
or  barn,  or  any  factory,  place  or  premises  which  is  or  shall  become 
noisome,  foul  or  offensive,  shall  be  deemed  a  nuisance. 


396  REVISED    ORDINANCES. 

Refuse  in  street. 

Rule  100.  Any  wrapping  paper,  waste  paper,  hand  bills, 
old  clothes,  boots,  shoes,  tin  cans,  dead  rats,  broken  dishes  or  com- 
bustible material,  or  any  rubbish  whatever,  thrown  into  or  upon 
any  street,  alley,  sidewalk,  gutter  or  public  ditch  or  lot,  shall  be 
deemed  a  nuisance. 

Health  safeguards. 

Rule  101.  No  person  shall  expose,  convey  or  place,  or,  in- 
duce any  other  person  so  to  do,  in  any  street  or  public  place,  any 
substance,  animal  or  thing  to  the  prejudice  of  the  public  health. 

Dangerous  buildings. 

Rule  102.  No  building,  structure,  vehicle,  receptacle  or 
thing  used  or  to  be  used  for  any  purpose  whatever,  shall  be  used, 
made,  kept,  maintained  or  operated  the  city  of  Omaha,  if  the 
use,  keeping,  maintaining  or  operating  of  the  same  shall  be  dan- 
gerous or  detrimental  to  the  public  health,  or  shall  cause  any 
nuisance. 

Swimming. 

Rule  103.  No  person  shall  swim  or  bathe  in  any  creek,  lake, 
reservoir  or  other  stream  or  body  of  water  within  the  limits  of  the 
city  of  Omaha,  or  in  any  manner  befoul  any  of  the  said  bodies  of 
water  or  the  streams  flowing  into  the  same. 

General  nuisance. 

Rule  104.  Every  other  act  or  thing  done,  made,  permitted, 
allowed  ,or  continued  on  any  property,  public  or  private,  by  any 
person,  firm  or  corporation,  their  agents  or  servants,  detrimental 
to  health  or  to  the  damage  or  injury  of  any  of  the  inhabitants  of 
this  city  ,shall  be  deemed  a  nuisance. 

Diseased  animals. 

Rule  105.  No  diseased  or  sickly  horse,  cattle,  swine,  sheep, 
dog  or  other  animal,  nor  any  that  have  been  exposed  to  any  dis- 
ease that  is  contagions  among  such  animals,  shall  be  brought 
into  the  citv  of  Omaha. 


REVISED    ORDINANCES.  397 

Health  commissioner,  serve  notice. 

Rule  106.  In  order  to  better  carry  out  the  provisions  of 
these  i^ules,  it  shall  be  the  duty  of  the  commissioner  of  health  or 
such  other  officers  as  may  be  directed  by  him  to  serve  a  notice 
in  writing  uopn  the  owner,  occupant,  or  agent  of  any  lot,  building 
or  premises  in  or  upon  which  any  nuisance  ma}^  be  found,  or  upon 
him  who  may  be  the  owner  or  cause  of  any  such  nuisance,  re- 
quiring him  to  abate  the  same  in  such  manner  as  the  officer  serv- 
ing such  notice  shall,  under  the  direction  of  the  commissioner  of 
health,  prescribe;  Provided,  that  it  shall  not  be  necessary  in  any 
case  for  any  officer  to  specify  in  his  notice  the  manner  in  which 
any  nuisance  shall  be  abated  unless  it  be  deemed  advisable  so  to 
do;  and  if  such  owner,  occupant  or  agent  shall  neglect  or  refuse 
to  comply  with  the  requirements  of  such  notice  within  the  time 
therein  specified,  or,  if  he  or  she  cannot  be  found,  the  commissioner 
of  health  may  at  once  cause  such  nuisance  to  be  abated,  and  shall 
report  to  the  city  council  the  cost  of  abating  such  nuisance,  which 
cost  shall  be  levied  by  the  city  council,  upon  the  lot  or  ground  upon 
or  opposite  to  which  the  same  shall  have  been  abated;  Proinded, 
however,  the  cost  in  no  case  shall  exceed  the  sum  of  S50.00. 

Supervision. 

Rule  107.  It  shall  be  the  duty  of  the  commissioner  of  health 
and  such  other  officers  as  may  be  appointed  by  him  from  time 
to  time,  to  ascertain  and  cause  all  nuisance  declared  to  be  such  in 
these  rules  to  be  abated,  and  each  and  all  of  said  officers  shall, 
under  the  supervision  of  the  commissioner  of  health,  have  authority 
in  the  day  time  to  enter  any  storehouse,  stable  or  other  building, 
in  order  to  make  a  thorough  examination  of  the  cellars,  vaults, 
sinks  and  drains;  to  enter  upon  all  lots  or  grounds,  and  to  cause 
all  stagnant  water  to  be  drained  oiT  and  pools,  sinks,  vaults,  drains, 
holes  or  low  places  to  be  cleansed,  filled  up  or  otherwise  purified, 
and  to  cause    all  noisome  substances  to  be  abated  or  removed. 

Water  closets. 

Rule  108.  Every  person  who  shall  be  the  owner,  lesse, 
keeper  or  manager  of  any  tenement  house,  boarding  house,  lodging 
house,  or  manufactory,  shall  provide,  or  cause  to  be  provided, 
for  the  accommodation  thereof  and  for  the  \ise  of  the  tenants 
lodgers,  boarders  or  workers  therein,  adequate  privies  or  water 
closets,  and  the  same  shall  be  so  ventilated  and  shall  at  all    times 


398  REVISED    ORDINANCES. 

be  kept  in  such  cleanly  and  wholesome  condition  as  not  to  be  offen- 
sive or  dangerous  or  detrimental  to  health;  and  no  offensive  smell 
or  gases  from  or  through  any  outlet  or  sewer,  or  through  any  such 
privy  or  water  closet,  shall  be  allowed  by  any  person  aforesaid  to 
exist  in  such  house  or  any  part  thereof,  or  in  any  other  house 
or  building. 

Privy — How  constructed. 

Rule  109.  All  privy  vaults  constructed,  used  or  maintained 
within  the  city  of  .Omaha  shall  be  constructed  of  well  burned  brick 
or  stone  laid  in  and  coated  with  a  good  quahty  of  cement,  and 
shall  be  water  tight.  All  privy  vaults  hereafter  constructed  shall 
be  six  feet  in  depth  and  no  more.  The  sides  and  bottoms  shall 
be  at  least  eight  inches  thick,  or  in  lieu  of  brick  in  the  bottom  it 
may  have  one  flagstone  of  the  size   of   the  vault,  laid  in  cement. 

Location. 

Rule  110.  No  privy  vault  shall  be  built  or  maintained 
within  ten  feet  of  the  hne  of  any  street,  or  of  the  party  hne  of  the 
adjacent  lot  or  lots,  or  of  the  door  or  window  of  any  house,  or  of 
any  well;  Provided,  that  any  privy  vault  may  be  built  at  any  place 
in  the  rear  of  any  lot  ten  feet  from  the  real  hne  of  said  lot  abutting 
upon  any  pubhc  alley;  Provided  further,  that  said  vault  shall  not 
be  nearer  to  any  street,  door,  window  or  well  than  is  provided  in 
these  rules.  No  privy  vault  or  cess  pool  shall  be  completed  nor 
shall  it  be  covered  until  the  same  has  been  inspected  by  the  com- 
missioner of  health  or  one  of  his  assistants,  and  has  been  found 
to  be  in  accordance  with  the  rules  and  regulations  of  the  heatlh 
commissioner. 

In  dwelling  houses. 

Rule  111.  Every  dwelling  residence,  store,  tenement-house 
and  factory  within  the  city  of  Omaha,  shall  be  furnished  with  a 
suitable  privy  or  water-closet  and  cesspool  or  sewer  connection; 
but  no  privy  vault  or  cesspool  shall  hereafter  be  constructed  within 
the  city  without  a  permit  for  that  purpose  first  obtained  from  the 
commissioner  of  health.  Provided,  no  privy  vault,  water-closet,  or 
cesspool  shall  be  built  or  maintained  in  a  sewer  district  where 
there  is  also  water,  without  being  properly  connected  with  the 
sewer.  And  no  cesspool  shall  be  allowed  to  remain  on  any  prem- 
ises in  the  citv   of   Omaha   unless  unavoidable,  and  in  accordance 


REVISED    ORDINANCES.  399^ 

with  the  terms  of  the  permit  issued  by  the  commissioner  of  health, 
which  permit  shall  designate  the  exact  location  and  material 
to  be  used  in  the  construction  of  the  same. 

Contaminating  wells. 

Rule  112.  When,  in  the  opinion  of  the  commissioner  of 
health,  any  cesspool  is  liable  to  contiminate  wells  or  neighborhood 
property,  or  when  a  urinal  or  water-closet  is  to  be  connected  with 
the  same,  it  shall  be  bricked  up  and  cemented  as  provided  for 
the  construction  of  privy  vaults.  When  necessary  to  construct 
a  cesspool  on  private  ground  the  same  shall,  when  practicable  be 
located  in  the  rear  of  the  lot  on  the  line  of  the  alley;  and  no  cess- 
pool shall  be  located  or  constructed  nearer  to  the  partition  or  side- 
hne  dividing  the  same  from  adjoining  property  than  ten  feet. 

Nuisance. 

Rule  113.  No  owner,  tenant,  sub-tenant,  occupant,  lessor,, 
lessee,  or  other  person  in  possession  of  any  premises  shall  keep, 
permit  or  suffer  to  exist  thereon  an}-  privy  vault,  cesspool,  water- 
closet  or  other  receptacle  whatsoever  of  human  excrement  which 
is  in  a  foul,  full,  filthy,  stinking,  insecure  leaking  or  defective  con- 
dition, or  emitting  smells  or  odors  prejudicial  to  health  or  in  any 
other  state  or  condition  which  is  detrimental  to  public  health. 

Ventilation. 

Rule  114.  No  privy  vault  or  cesspool  shall  be  constructed 
without  adequate  provision  for  the  effectual  and  proper  ventil- 
ation and  cleaning  thereof,  nor  shall  any  privy  vault  be  construct- 
ed having  pipe  connected  with  the  interior  of  any  house  or  building 
unless  so  arranged  as  to  prevent  the  admission  of  gas  into  such 
house  or  building. 

Removal  of  contents  . 

Rule  115.  The  contents  of  any  privy,  privy  vault,  privy 
box,  sink  or  cesspool  within  the  limits  of  the  city  of  Omaha  shall 
not  be  removed  therefrom,  nor  shall  the  same  be  transported 
through  any  street,  alley  or  public  place  within  the  city,  except 
through  or  by  means  of  air-tight  vessels  or  apparatus  approved 
by  the  commissioner  of  health,  which  shall  preserve  such  contents 
from  sight  or  exposure  during  such  process  of  removal  or  trans- 
portation, and  such  renuival  shall  not  take  place  except  between 
the  hours  of  10  o'clock  p.  m.  and  5  o'clock  a.  m.  next  following. 


400  REVISED    ORDINANCES. 

When  cleaned. 

Rule  116.  All  privy  vaults  and  cesspools  must  be  cleaned 
whenever  the  contents  thereof  shall  be  within  two  and  one-half 
feet  of  the  top  or  surface  of  the  ground.  Whenever  the  contents 
of  any  privy  vault  or  cesspool  shall  be  removed  or  a  notice  or  order 
shall  be  issued  by  the  commissioner  of  health  for  that  purpose,  the 
contents  of  such  privy  vault  or  cesspool  shall  be  cleaned  to  the 
bottom. 

No  garbage  in. 

Rule  117.  No  person  shall  throw  into  or  deposit  in  any 
vault,  sink,  privy  or  cesspool  any  offal,  ashes,  meat,  fish,  garbage 
or  any  other  substance  whatever  except  that  of  which  such  place 
is  the  appropriate  receptacle. 

Disinfection. 

Rule  lis.  All  putrid  or  offensive  matter,  and  all  night  soil 
and  the  contents  of  sinks,  privies,  vaults,  cesspools  and  all 
noxious  substances  in  said  city  shall,  before  their  removal  or  ex- 
posure, be  disinfected  and  rendered  inoffensive  by  the  person  who 
removes  or  is  about   to  remove  the  same. 

Disused — How  filled. 

Rule  110.  Whenever  the  use  of  any  privy  vault  or  cesspool 
is  discontinued,  such  privy  vault  or  cesspool  shall  be  cleaned  to 
the  bottom  and  filled  up  with  earth  or  other  suitable  material  to 
be   designated  by  the   commissioner  of  health. 

Dumping  grounds. 

Rule  120.  The  commissioner  of  health  shall  designate  the 
dumping  ground  or  plaec,  at  which  place  shall  be  dumped  all  manure, 
ashes,  night  soil,  garbage,  filth,  offal,  dead  animals  and  other  ref- 
use matter,  except  such  ashes  and  manure  for  which  a  permit 
has  been  obtained  to  deposit  elsewhere,  and  no  person  or  persons, 
firm  or  corporation  shall  dump  such  matter  or  any  thereof  at  any 
other  place  within  the  city  of  Omaha  or  within  three  miles  thereof, 
except  ashes  and  manure  excepted  herefrom  by  written  permit 
from  the  commissioner  of  health. 


REVISED    ORDINANCES.  401 

Choking  vault. 

Rule  121.  No  person  shall  deposit  or  throw  into  any  sewer, 
sewer  inlet  or  privy  vault  which  has  a  sewer  connection,  in  the  city 
of  Omaha,  any  article  whatever  that  may  cause  said  sewer  to  choke 
up  or  other  wise  create  a  nuisance. 

Police — Duties  of. 

Rule  122.  It  shall  be  the  duty  of  the  police  officers  of  the 
city  of  Omaha  to  observe  the  sanitary  condition  of  their  respective 
districts  and  to  report,  through  their  chief,  to  the  commissioner  of 
health  promptly  any  nuisance  or  accumulated  filth  found  in  such 
portions  of  the  city. 

Notice  of  rules. 

Rule  123.  It  shall  be  the  duty  of  the  commissioner  of  health 
to  give  proper  notices  of  the  requirements  of  these  rules  and  warn 
all  owners  and  occupants  of  premises  within  the  city  of  Omaha, 
to  cause  the  removal  of  all  accumulations  of  garbage,  filth,  offal, 
etc.,  and  that  on  failure  so  to  do  the  fines  and  penalties  imposed 
by  the  ordinances  of  the  city  of  Omaha  will  be  strictly  enforced. 

License. 

Rule  124.  No  person,  firm  association  of  persons,  or  cor- 
poration, not  having  a  contract  with  the  city  of  Omaha,  except 
those  hauling  manure,  ashes  or  other  refuse  matter  (not  to  include 
garbage,  night  soil  or  dead  animals)  from  their  own  premises,  and 
except  those  hauling  manure  to  be  placed  and  used  for  agricul- 
tural purposes  upon  premises  owned  or  leased  by  them,  shall 
haul  any  manure,  ashes  or  other  refuse  matter  (not  to  include 
garbage,  night  soil  or  dead  animals)  without  a  license  from  the 
commissioner  of  health,  and  where  said  material  is  to  be  deposited 
at  any  other  place  than  the  general  dumping  place  designated  by 
the  commissioner  of  heatlh,  said  person,  firm,  association  of  persons 
or  corporation  shall  have,  in  addition,  the  written  permit  provided 
for  in  these  rules.  For  each  license  so  issued  there  shall  be  paid  to 
the  city  clerk  of  Omaha  the  sum  of  $5. 

Forfeit  license. 

Rule  125.  In  case  any  person,  firm,  association  of  persons 
or  corporation  to  whom  a  permit  or  license  has  been  issued  shall 
violate  any  of  these  rules,  their  license  or  licenses  shall  be  revoked  by 


402  REVISED    ORDINANCES. 

the  commissioner  of  health,  and  no  new  permit  nor  any  hcense  shall 
be  issued  or  granted  to  such  person,  firm,  association  of  persons 
or  corporation,  nor  to  their  agents  or  employes  for  the  full  period 
of  three  months  from  the  date  that  the  said  license  is  revoked, 
and  in  case  of  a  permit,  no  new  permit  shall  be  issued  for  the  per- 
iod of  three  full  months  from  the  date  of  the  violation  of  these  rules. 

Penalty. 

Section  2.  Any  person,  company  or  corporation  who  shall 
violate  or  fail  to  comply  with  any  rec[uirement  or  provision  of 
any  of  the  foregoing  rules  and  regulations  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  exceeding  one  hundred  dollars  (SIOO.OO)  or  be  con- 
fined in  jail  not  exceeding  thirty  (30)  days  or  be  both  fined  and 
imprisoned  in   the  discretion   of  the  court. 

Notice. 

Section  3.  It  shall  be  unlawful  for  any  owner  or  occupant  of 
any  property,  building  or  premises,  or  agent  for  any  property, 
building  or  premises  on  or  in  which  is  located  any  privy,  vault, 
cesspool  or  water-closet  or  other  receptacle  of  human  excrement 
to  fail  or  refuse  to  have  the  same  cleaned  or  the  contents  thereof 
removed  within  five  (5)  days  after  having  been  so  notified  by  the 
chief  of  police  or  board  of  health,  or  by  any  officer  authorized  to 
give  such  notice.  It  shall  also  be  unlawful  for  any  owner,  occupant 
or  agent  to  fail  or  refuse  to  pay  or  cause  to  be  paid  the  legal  fees 
for  the  removal  of  said  contents,  and  upon  such  failure  or  refusal 
said  owner,  agent  or  occupant  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  a  sum  not 
less  than  twenty-five  ($25.00)  dollars  nor  more  than  one  hundred 
($100)  dollars  for  any  such  offense. 

Dumping  ground. 

Section  4.  Authority  and  permission  are  hereby  given  to 
the  health  commissioner  to  open  and  maintain  a  dumping  place 
in  the  city  of  Omaha,  for  the  dumping  and  deposit  of  ashes,  manure 
and  cinders,  under  rules  and  regulations  to  be  prescribed  by  said 
commissioner,  at  and  between  the  points  designated  and  described  as 
follows :  Commencing  at  the  east  end  of  Mason  street  on  the  south 
line  thereof,  thence  north  along  the  west  bank  of  the  Missouri 
river  to  the  north  line  of  allev  between  Farnam  and  Harney  streets; 


REVISED    ORDINANCES.  403 

Provided  however,  that  all  persons  desiring  to  use  said  dumping 
ground  for  the  deposit  of  manure,  ashes  and  cinders  shall  first 
obtain  the  consent  from  the  railroad  company  owning  rights  of 
way  and  tracks  in  said  locality,  to  cross  over  such  tracks  and 
rights  of  way. 

Use  of  dumping  ground. 

Section  5.  The  contractor  with  the  city  of  Omaha  for  the 
removal  of  garbage,  etc.,  is  hereby  given  the  right,  as  well  as 
others  that  are  allowed  the  privilege,  to  use  said  dumping  place 
for  dumping  purposes  during  the  time  the  same  is  maintained  and 
kept  open.  The  use  of  said  dumping  place  by  dumping  and 
depositing  thereat,  ashes,  manure,  dead  animals,  garbage  and  offal  by 
said  contractor  during  the  time  it  is  so  maintained  and  kept  open 
shall  not  invalidate  said  contractor's  contract  with  said  city;  nor 
shall  it  be  a  violation  or  breach  of  said  contract  for  said  contractor 
so  to  do. 

Section  6.  The  provisions  of  any  ordinance  in  conflict  here- 
with be  and  the  same  hereby  are  suspended  and  shall  be  inopera- 
tive during  the  time  that  said  dumping  place  shall  be  maintained 
and  kept  open  under  the  provisions  of  the  two  last  preceding 
sections. 

Removing  old  paper. 

Section  7.  It  shall  be  the  duty  of  all  paper-hangers  or  other 
persons,  when  repapering  a  room  or  rooms,  to  remove  all  old 
paper  that  may  be  on  the  walls  thereof  and  to  see  that  such  walls 
are  in  a  sanitary  condition  before  the  application  of  new  paper. 

Penalty. 

Section  8.  Any  person  or  persons  who  shall  violate  any 
provision  of  the  preceding  section  shall,  upon  conviction  thereof 
be  deemed  guilty  of  a  misdemeanor,  and  shall  be  fined  in  any 
sum  not  less  than  S5.00  nor  more  than  $25.00,  in  the  discretion 
of  the  court. 


404  REVISED    ORDINANCES. 

CHAPTER  LXXI. 
SCALES  IN  STREETS. 

No  scales  allowed  on  streets,  except  as  herein  provided. 

Section  1.  That  no  person  or  persons,  corporation,  firm  or 
association  shall  construct,  continue,  use  or  keep  or  maintain 
platform,  hay  or  other  scales  upon  Howard,  Harney,  Farnam, 
Douglas,  Dodge  or  Sixteenth  streets,  or  upon  any  other  street 
or  public  grounds  of  the  city  of  Omaha,  except  as  hereinafter 
provided. 

Application — Return  of  property  owners — Bond. 

Section  2.  Any  person  or  persons,  corporation,  firm  or 
association  desiring  to  construct,  use  or  maintain  scales  upon  any 
public  street  in  the  city  of  Omaha,  opposite  the  premises  of  such 
person,  firm,  corporation,  or  association  may  make  application  to 
the  city  council,  stating  the  size  and  kind  of  scale  proposed,  for 
what  purpose  to  be  used,  and  shall  at  the  same  time  present  a  peti- 
tion of  a  majority  of  the  owners  of  property  abutting  and  adjoining 
the  side  of  the  street  in  the  ])lock  where  such  scales  are  proposed  to  be 
located,  praying  for  the  granting  of  a  permit  to  construct  or  continue 
the  use  of  such  scales,  and  shall  also  agree  upon  the  granting  of  such 
permit  to  execute  a  bond  to  the  city  of  Omaha,  in  the  sum  of  two 
thousand  ($2,000)  dollars,  with  one  or  more  sufficient  sureties, 
conditioned  that  such  applicant  will  construct  and  maintain  such 
scales  in  accordance  with  such  permit,  and  as  the  city  engineer 
may  direct,  and  will  faithfully  observe  all  ordinances  of  the  city 
of  Omaha  relating  to  scales,  and  protect  the  city  from  all  actions, 
suits,  loss  or  damage  by  reason  of  the  construction  or  maintenance 
of  such  scales,  and  whenever  required  so  to  do  by  the  city  engi- 
neer will  remove  such  scales,  and  without  expense  to  the  city,  fill 
up  the  excavation  made  for  such  scales,  and  pave,  curb  and  gutter 
that  portion  of  the  street  occupied,  injured  or  used  by  such  scales, 
so  that  such  portion  of  the  street  shall  in  all  respects  be  equal  to 
and  in  as  good  condition  as  the  adjacent  portion  of  such  street. 

How  scales  are  to  be  constructed — Streets  excepted. 

Section  3.  All  scales  hereafter  constructed  or  maintained 
upon  any  public  street  in  the  city  of  Omaha,  shall  be  so  constructed 


REVISED    ORDINANCES.  405 

and  maintained  as  not  to  interfere  with  the  pubhc  use  of  such 
street,  or  the  sidewalk  along  the  same,  and  so  as  not  to  obstruct 
the  gutter,  but  such  scales  shall  as  near  as  practicable  be  on  a  level 
with  the  surface  of  the  adjacent  portion  of  the  street  and  outside 
gutter,  and  so  constructed  as  not  to  interfere  with  the  drainage 
of  the  street,  and  the  beam  box  shall  be  constructed  inside  of 
the  property  line.  No  permit  shall  be  granted  to  construct  or 
maintain  scales  on  Howard,  Harney,  Farnam,  Douglas,  Dodge 
or  Sixteenth  streets,  wherever  said  streets  are  paved  or  under 
contract  to  be  paved. 

Penalty. 

Section  4.  Any  person,  or  persons,  corporation,  firm  or 
association,  constructing  or  maintaining  scales  upon  any  street 
or  pubUc  ground  of  the  city  of  Omaha,  without  first  procuring 
a  permit  as  hereinbefore  authorized,  or  violating  any  of  the  pro- 
visions of  this  chapter  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  l,ess 
than  twenty-five  ($25)  dollars  nor  exceeding  one  hundred  ($100) 
dollars,  and  moreover  shall  be  liable  to  all  damages  and  costs 
made  necessary  in  removing  such  scales,  and  restoring  the  street 
to  its  previous  condition. 


406  REVISED    ORDINANCES. 


CHAPTER  LXXII. 

SEAL  OF  CITY. 
Seal  described. 

Section  1.  A  seal,  the  impression  of  which  is  as  follows:  in 
the  center  a  representation  of  the  city  hall  of  the  city  of  Omaha, 
and  around  the  outer  edge  the  words,  ' '  Seal  of  the  City  of  Omaha, 
Nebraska,"  shall  be  and  hereby  is  designated  and  declared  to  be 
the  seal  of  the  city  of  Omaha. 

Custody  of  clerk — When  used. 

Section  2.  The  seal  of  the  cit}^  of  Omaha  shall  be  in  the  care 
and  custody  of  the  city  clerk,  who  shall  use  the  same  by  making 
an  impression  thereof  upon  all  papers  and  documents  certified 
to  or  attested  by  him,  as  well,  also,  as  upon  all  bonds  issued  by 
the  city  of  Omaha,  or  other  papers  or  documents  which  may  require 
the  seal  of  said  city. 

Impress  on  ordinances. 

Section  3.  That  the  city  clerk  of  the  city  of  Omaha  be, 
and  is  hereby  authorized  and  directed  to  impress  the  seal  of  the 
city  of  Omaha  upon  all  original  ordinances  of  the  city  that  have 
been  or  may  hereafter  be  passed  and  approved  by  the  city  council 
and  the  mayor  thereof. 

Legalizing  ordinances. 

Section  4.  That  all  ordinances  that  have  heretofore  been 
passed  and  approved,  on  which  the  seal  of  this  city  was  not  im- 
pressed, are  hereby  legalized,  and  the  same  shall  be  held  of  the 
same  effect  as  if  said  seal  had  been  so  impressed. 


REVISED    ORDINANCES.  407 


CHAPTER  LXXIII. 

SECOND  HAND  DEALERS. 

Second  hand  dealers  defined. 

Section  1.  Any  person  or  persons  who  shall  engage  m  the 
business  of  buying,  selling  or  dealing  in  second  hand  clothing, 
jewelry,  goods,  wares  or  merchandise  is  hereby  declared  and  de- 
fined to  be  a  dealer  in  second  hand  goods ;  Provided,  that  the  pro- 
visions of  this  chapter  shall  not  apph"  to  any  person,  persons 
or  firms  buying  and  selhng  furniture  and  household  goods,  known 
as  second  hand  furniture  dealer. 

License — Business  in  only  one  place. 

Section  2.  Every  person  or  firm  engaged  in  the  business 
of  dealer  in  second  hand  goods,  shall  obtain  a  license  as  such 
dealer  in  second  hand  goods  before  engaging  in  such  business. 
The  money  for  obtaining  such  license  shall  first  be  paid  to  the  city 
clerk  and  the  amount  required  to  be  paid  shall  be  as  follows : 

For  license  to  engage  in  the  business  of  second  hand  goods, 
the  sum  of  $5.00  per  year. 

Such  license  shall  expire  on  December  31  of  the  year  in  which 
it  is  issued. 

No  person  or  firm  licensed  under  the  provisions  of  this  chapter 
shall  be  allowed  to  do  business  in  more  than  one  place  under  one 
license,  and  every  license  shall  state  the  place  where  such  business 
is  to  be  carried  on,  and  shall  not  be  assignable. 

It  shall  be  unlawful  for  any  person  not  having  a  license  to 
display  in  front  of,  about  or  upon  his  premises  any  second  hand 
dealer's  sign,  or  any  sign  or  advertisement  stating  that  any  goods 
of  the  character  named  in  this  ordinance  are  bought  or  sold  on 
said  premises. 

Book  describing  purchases. 

Section  3.  All  persons  who  shall  engage  in  the  business  of 
dealers  in  second  hand  goods  shall  keep  a  book  in  which  shall 
be  legibly  written  in  ink  at  the  time  any  purchase  was  made  an. 
accurate  account  or  description  in  the  English  language  of  the 
goods,  articles  or  things  purchased,  the  amount  of  money  paid 
thereon   or  therefor,   the   time   the  same   was   received,   and   the 


408  REVISED    ORDINANCES. 

name,  residence  and  description  of  the  person  selling  the  same, 
which  book  as  well  as  the  article  purchased  shall  be  at  all  reasonable 
times  open  to  the  inspection  of  the  mayor,  chief  of  police  or  any 
member  of  the  police  department. 

Report  to  chief  of  police. 

Section  4.  It  shall  be  the  duty  of  every  dealer  in  second- 
hand goods  to  make  out  and  deliver  to  the  chief  of  police  every 
day  before  the  hour  of  12  m.  a  legible  and  correct  copy,  from  the 
book  required  in  section  8  hereof,  of  all  personal  property  or  other 
valuable  things  purchased,  received  or  deposited  with  such  dealer 
in  second  hand  goods  during  the  preceding  day,  together  with  a 
statement  of  the  time  the  same  was  received  or  purchased,  and  a 
description  of  the  person  or  persons  who  delivered  or  deposited 
the  same  or  from  whom  the  same  were  purchased;  Provided,  that 
no  person  shall  be  required  to  furnish  such  description  of  any 
property  purchased  from  manufactures  or  wholesale  dealers  having 
an  established  place  of  business,  or  of  any  goods  purchased  at  open 
sale  from  any  bankrupt  stock,  Provided,  the  delivery  or  sale  of  such 
goods  is  accompanied  with  a  bill  of  sale  or  other  evidence  of  open 
and  legitimate  purchase,  such  bill  of  sale  or  other  evidence  to  be 
shown  to  the  mayor,  chief  of  police  or  any  member  or  officer  of 
the  police  department  upon  demand;  Provided,  further,  that  the 
report  herein  required  shall  not  apply  to  Sundays,  but  the  report 
of  Monday  of  each  week  shall  cover  the  business  transactions  of 
the  Saturday  previous  and  also  the  Sunday  previous,  if  any  such 
transactions  shall  take  place  on  said  last  mentioned  day ;  Provided, 
further,  that  the  business  handled  by  loan  brokers,  which  is  recorded 
as  mortgages  in  the  county  clerk's  office  of  Douglas  county,  Ne- 
braska, shall  be  exempt  from  the  provisions  of  this  ordinance, 
and  on  such  business  no  report  to  the  chief  of  police  shall  be 
reciuired. 

Withhold  sale. 

Section  5.  Xo  personal  property  received  on  deposit  or  pur- 
chase by  any  dealer  in  second  hand  goods  shall  be  sold  or  per- 
mitted to  be  redeemed  from  the  place  of  business  of  such  per- 
son for  the  space  of  twenty-four  hours  after  the  copy  and 
statement  required  to  be  delivered  by  section  4  of  this  chapter 
shall  have  been  delivered  as  required  by  said  section. 


REVISED    ORDINANCES.  409 

Penalty. 

Section  6.  Every  dealer  in  second  hand  goods,  or  the  agent, 
representative  or  servant  of  any  such  dealer,  who  shall  violate 
or  neglect  or  refuse  to  comply  with  any  provision  of  this  chapter 
shall  be  deemed  guilty  of  a  misdemeanor  and  for  each  offence  shall 
be  subject  to  a  fine  of  not  exceeding  one  hundred  dollars  ($100), 
and  in  case  any  license  has  been  granted  to  any  such  broker  or 
dealer,  such  license  may  by  judgment  of  the  police  judge  be 
cancelled  and  revoked. 


410  REVISED    ORDINANCES. 


CHAPTER  LXXIV. 

SHOOTING  GALLERIES. 
License. 

Section  1.  It  shall  be  unlawful  for  any  person,  persons,  firm 
or  corporation  to  conduct  or  maintain  a  shooting  gallery  within 
the  city  of  Omaha  without  having  first  obtained  a  license  therefor. 

Fees. 

Section  2.  For  license  for  any  shooting  gallery  the  sum  of 
$50.00  per  year  or  $25.00  per  six  months  shall  be  charged.  Pro- 
vided, hcense  for  shooting  gallery  may  be  issued  for  $2.00  per  day 
or  $5.00  per  week.  All  such  licenses  must  expire  -within  the  year 
in  which  they  are  issued. 

Penalty. 

Section  3.  Any  person,  persons,  firm  or  corporation  violat- 
ing any  of  the  provisions  of  this  chapter  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  $5.00,  nor  more  thaan  $25.00. 

Shows,  Various  Kinds. 

See  Circuses. 


REVISED    ORDINANCES.  411 

CHAPTER  LXXV. 

SIDEWALKS. 
Order  for  sidewalk. 

Section  1.  Whenever  the  mayor  and  city  council  may  deem 
it  necessary  and  expedient  so  to  do,  they  may,  by  concurrent 
resolution,  require  a  sidewalk  to  be  laid,  constructed  or  widened 
in  front  of,  or  adjacent  to  any  premises,  along  any  street,  avenue, 
or  boulevard  in  the  city  of  Omaha.  Said  resolution  may  be  in 
the  following  form: 
"Be  it  Resolved  by  the  city  council  of  the  city  of  Omaha,  the 

mayor  concurring: 

That  it  is  hereby  declared  necessary  and  expedient  that  a 

sidewalk feet  wide  be  constructed  and  laid  (or  widened)  to 

the  established  (or  temporary)  grade  on  the side  of 

street   (avenue   or  boulevard)   in   the   city   of   Omaha,   along   and 
upon   the   place   provided   for   sidewalks    adjoining   the   following 

described  premises,   to   wit: ;    such  sidewalk   to 

be  constructed  (or  widened)  of ,  under  the  supervision 

of  the  city  engineer,  and  in  accordance  with  the  plans  and  specifi- 
cations and  requirements  as  prepared  by  the  city  engineer  and 
adopted  and  approved  by  the  mayor  and  city  council  of  said 
city.  Provided,  that  the  owner  or  owners  of  the  premises  herein 
described  shall  have  twenty  days  from  and  after  the  last  pubhca- 
tion  of  notice  hereof  in  which  to  lay  or  construct  or  widen  said 
sidewalk,  or  to  commence  the  laying,  construction  or  widening 
of  said  sidewalk,  as  provided  herein;  and.  Provided,  further,  that 
the  said  owner  or  owners  are  hereby  notified  and  warned  that 
if  they  fail,  neglect  or  refuse  to  lay,  construct  or  widen  said  side- 
walks, or  to  enter  upon  the  laying,  constructing  or  widening 
of  said  sidewalks  as  herein  ordered,  within  twenty  days  after  the 
last  publication  of  such  notice,  that  then  and  thereafter  the  city 
of  Omaha  will  cause  the  same  to  be  laid,  constructed  or  widened  as 
herein  ordered  by  the  city  sidewalk  contractor  at  and  for  the 
cost  and  price  fixed  by  his  said  contract,  which  said  cost  will  be 
thereafter  levied  and  assessed  by  the  mayor  and  city  council  as 
a  special  tax  against  their  said  premises." 

Provided,  That  in  case  the  grade  of  any  street  or  part  of 
street  has  not  been  estabhshed  or  where  the  street  has  not  been 
worked  or  filled  to  the  established  grade,  or  where  the  street  has 


412  REVISED    ORDINANCES. 

been  graded  but  does  not  conform  to  the  established  grade,  then, 
and  in  such  case,  and  in  each  of  them,  the  owners  of  lots  or  lands 
abutting  on  such  streets  shall  only  be  required  to  construct  side- 
walks along  such  streets  with  brick,  macadam  or  such  other  ma- 
terial, except  stone,  or  artificial  stone,  as  the  mayor  and  council 
may  direct,  and  in  no  such  case,  except  when  constructed  upon 
streets  conforming  to  the  established  grade,  shall  the  owners  be 
required  to  construct  a  sidewalk  exceeding  four  feet  in  width; 

Provided,  further,  it  shall  be  proper  for  the  mayor  and  city 
council  in  their  discretion,  by  one  concurrent  resolution  to  require 
the  construction  or  widening  of  sidewalks  along  and  adjoining 
to  any  number  of  pieces  of  property;  that  in  such  concurrent 
resolution  the  mayor  and  council  shall  name  and  designate  but 
one  kind  of  material  as  the  material  to  be  used  in  the  construction 
of  the  sidwealks  ordered  therein. 

Construction. 

Section  2.  The  construction  and  widening  of  all  sidewalks 
hereafter  laid  or  widened  pursuant  to  such  concurrent  resolution 
shall  be  done  under  the  direction  and  supervision  of  the  city 
engineer  and  under  such  rules  and  requirements  and  in  conformity 
with  such  plans  and  specifications  as  may  be  prepared  by  the 
city  engineer  and  adopted  and  approved  by  the  mayor  and 
council. 

Provided,  that  hereafter  it  shall  be  the  duty  of  the  city  en- 
gineer to  prepare  each  year,  subject  to  the  approval  of  the  mayor 
and  council,  plans  and  specifications  for  the  construction  and 
widening  of  such  sidewalks  as  may  be  ordered  during  the  year 
ending  December  31,  following.  The  specifications  so  prepared 
by  the  city  engineer  shall  include  plans  and  specifications  for 
the  laying  and  constructing  of  walks  of  all  kinds  of  material  as 
may  be  designated  by  the  mayor  and  council  and  shall  admit 
of  the  widest  latitude  in  competition  for  the  material  to  be  used 
for  such  purposes;  they  shall  not  specify  that  the  material  to  be 
used  shall  be  derived  from  any  specific  locality,  mine,  quarry, 
kiln  or  from  any  particular  owner,  but  they  shall  be  simply  for 
brick,  tiling,  stone  or  any  other  material  in  like  general  terms. 

Permanent  and  wooden  walks. 

Section  3.  All  sidewalks  hereafter  laid  in  the  city  of  Omaha 
shall  be  either  permanent  or  wooden  sidewalks;    permanent  side- 


REVISED    ORDINANCES.  413 

walks  shall  be  laid  and  constructed  of  permanent  material,  snch 
as  brick,  tiling,  stone,  artificial  stone,  slagolithic  stone  or  other 
like  material  as  may  be  ordered  by  the  mayor  and  council;  wooden 
sidewalks  shall  be  constructed  of  pine,  oak  plank  or  other  like 
material  as  may  be  designated  by  the  mayor  and  city  council, 
and  be  of  such  width  and  thickness  and  be  laid  upon  joists  of 
such  dimensions  and  in  such  manner  as  may  be  required  by  the 
plans  and  specifications  prepared  by  the  city  engineer  and  ap- 
proved by  the  mayor  and  council. 

When  wooden  sidewalk  may  be  constructed. 

Section  4.  It  is  hereby  declared  unlawful  for  any  person, 
or  persons,  firm,  or  corporation,  to  lay  or  construct  any  wooden 
sidewalk  along  or  upon  any  street,  avenue  or  boulevard  in  the 
city  of  Omaha,  or  to  in  any  manner  authorize,  direct  or  permit 
the  laying  or  construction  of  any  such  sidewalk. 

Provided,  That  when  the  mayor  and  council,  by  resolution, 
declare  it  inadvisable  to  build  a  permanent  sidewalk  and  order 
a  wooden  sidewalk  to  be  constructed,  it  shall  be  laAvful  to  construct 
the  same  in  accordance  with  the  provisions  of  said  resolutions 
and  this  chapter. 

Notice  to  property  owners. 

Section  5.  Upon  the  passage  of  any  concurrent  resolution, 
directing  the  construction  or  widening  of  any  sidewalk,  it  shall 
be  the  duty  of  the  city  clerk  to  cause  to  be  published  for  three 
consecutive  days  in  the  official  paper  of  the  city  a  notice  directed 
to  the  owners  of  the  property  described  in  said  resolution,  notifying 
such  owners  of  the  passage  of  said  resolution,  and  that  they  will 
have  twenty  days  from  and  after  the  last  day  of  publication  of 
such  notice  within  which  to  lay  or  widen  the  sidewalks  so  ordered 
or  cause  the  same  to  be  done,  and  further  notifying  said  owners 
that  if  they  fail  to  lay  and  construct  or  widen  said  sidewalks  or 
cause  the  same  to  be  done  within  twenty  days  after  the  last  pub- 
lication of  said  notice,  that  then  and  in  that  case  the  city  will 
cause  said  sidewalks  to  be  laid  and  constructed  or  widened  by 
the  city  sidewalk  contractor  at  and  for  the  cost  and  price  fixed 
by  his  said  contract,  which  said  cost  will  be  levied  and  assessed 
thereafter  by  the  mayor  and  city  council  of  the  city  of  Omaha, 
as  a  special  tax  against  their  said  premises;  said  n()tic(>  may  be 
substautiallv  in  the  following  form,  to  wit: 


414  REVISED    ORDINANCES. 

"To  the  owners  of  the  several  pieces  of  real  estate  herein- 
after described: 

''You,  and  each  of  you,  are  hereby  notified  that  on  the 

day   of ,    190 — ,   the   city   council   of  the   city   of   Omaha 

passed,  and  on  the day  of ,  190 — ,  the  mayor  of  said 

cit}^  approved  concurrent  resolution  number ,  which  is  in  the 

words  and  figures  following  (here  insert  copy  of  resolution,  except 
provisos). 

"You,  and  each  of  you,  are  further  notified  that  you  will 
have  twenty  days  from  and  after  the  last  day  of  publication  of 
this  notice  in  which  to  lay  and  construct  or  widen  said  sidewalks 
or  commence  the  laying  or  construction  or  widening  of  said  side- 
walks as  ordered  in  said  resolution ;  and  you  are  further  notified 
and  warned  that  if  you  fail,  neglect,  and  refuse  to  lay,  construct 
or  widen  said  sidewalks,  or  to  enter  upon  the  laying,  constructing 
or  widening  of  such  sidewalks,  as  herein  ordered,  within  twenty 
days  after  the  last  publication  of  this  notice,  that  then,  and  in 
that  case,  the  city  of  Omaha  will  cause  the  same  to  be  laid,  con- 
structed, or  widened,  as  herein  ordered,  by  the  city  sidewalk 
contractor  at  and  for  the  cost  and  price  fixed  by  his  said  contract, 
which  said  cost  will  be  levied  and  assessed  b}^  the  mayor  and 
city  council  of  the  city  of  Omaha,  as  a  special  tax  against  your 
said  premises. 

' '  Dated  at  Omaha,  Nebraska,  this day  of ,  190 — . 


City  clerk." 

It  shall  be  the  duty  of  the  publisher  of  the  official  paper,  or 
his  agent,  to  file  with  the  said  city  clerk  an  affidavit  of  the  pub- 
lication of  such  notice  as  soon  as  the  publication  herein  required 
is  complete,  and  the  publication  of  such  notice  shall  be  deemed 
a  good  and  sufficient  notice  to  the  owner  or  owners  of  the  property 
in  front  of  or  abutting  on  or  adjacent  to  which  said  sidewalks 
are  to  be  constructed  or  widened,  to  so  construct  or  widen  the 
same,  and  no  other  notice  shall  be  had,  given,  or  required;  such 
affidavit  of  the  publisher  or  his  agent  shall  be  prima  facie  evidence 
of  the  publication  herein  required  and  shall  be  carefully  preserved 
by  the  city  clerk. 

Provided  ■  That  upon  the  passage  of  an}^  resolution  order- 
ing the  construction  or  widening  of  any  sidewalk  it  shall  be  the 
duty  of  the  city  clerk  to  give  an  additional  notice  in  like  form 
bv   registered  letter   directed   to   the   last   known   address   of  the 


REVISED    OKDINANCES.  415 

owner  or  agent  of  the  real  estate  in  front  of,  abutting  on,  or  ad- 
jacent to  which  said  sidewalk  is  to  be  constructed  or  widened,  but 
the  failure  to  give  such  additional  notice  by  the  said  city  clerk 
shall  not  invalidate  such  proceedings  or  the  special  assessment 
for  such  sidewalk. 

Duty  of  property  owner. 

Section  6.  Upon  the  publication  of  the  notice  as  aforesaid 
it  shall  be  the  duty  of  the  owner  or  owners  of  the  property  in 
front  of,  abutting  on,  or  adjacent  to  which  the  said  sidewalks  are 
ordered  constructed  or  widened  to  cause  the  same  to  be  con- 
structed or  widened  or  to  enter  upon  the  construction  or  widening 
of  such  sidewalks  in  the  manner  required  by  this  chapter  or 
said  resolution  within  twenty  days  after  the  last  piibhcation  of 
said  notice,  as  required  by  Section  5  hereof. 

Duty  of  City  Engineer. 

Section  7.  If,  at  the  expiration  of  twenty  days  from  the 
last  pubHcation  of  the  notice  as  required  by  Section  5  hereof, 
the  sidewalk  ordered  constructed  or  widened  shall  not  have  been 
constructed  or  widened  as  by  this  chapter  or  said  resolution 
required,  or  if  the  owner  shall  not  have  entered  upon  the  con- 
struction and  widening  of  said  sidewalk  in  strict  accordance  with 
the  plans  and  specifications  and  requirements  as  prepared  by  the 
city  engineer  and  approved  by  the  mayor  and  council,  then  the 
city  engineer  shall,  within  ten  days  thereafter,  direct  the  city 
sidewalk  contractor  to  lay,  construct  or  widen  such  sidewalks  in 
accordance  with  the  provisions  of  this  chapter  and  the  concurrent 
resolution  passed  thereunder,  and  it  shall  be  the  duty  of  the  said 
contractor  after  receiving  such  order,  to  lay,  construct  or  widen 
such  sidewalk  without  unnecessary  delay. 

Sealed  bids — Advertisement. 

Section  8.  It  shall  be  the  duty  of  the  city  clerk  each  year 
after  the  approval  and  adoption  of  the  plans  and  specifications 
therefor,  to  advertise  for  not  less  than  ten  consecutive  days  in 
the  official  paper  of  the  city,  for  sealed  bids  for  the  construction 
and  widening  of  such  sidewalks  as  may  be  ordered  by  the  mayor 
and  council  during  the  year  ending  December  31st  following; 
to  be  constructed  or  widened  in  accordance  with  the  ))lans  and 
specifications  for  such  walks  as  prepared  })y  the  city  engineer  and 


416  REVISED    ORDINANCES. 

approved  and  adopted  by  the  mayor  and  city  council;  the  adver- 
tisement for  such  bids  shall  fix  the  day  and  hour  of  the  expiration 
of  the  time  for  receiving  such  bids  and  the  city  clerk  shall  present 
the  same  to  the  city  council  unopened  at  its  next  succeeding 
regular  meeting,  at  which  meeting  the  said  bids  shall  be  opened 
and  read  in  open  council  meeting,  and  the  contract  awarded 
to  the  lowest  bidder;  Provided,  the  council  may  refer  such  bids 
to  the  city  engineer  for  tabulation,  if  deemed  advisable. 

The  council  shall  have  the  power  to  reject  any  and  all  bids 
and  in  the  event  that  all  bids  so  received  are  unsatisfactory  and 
rejected  as  such,  or  when  otherwise  necessary,  the  city  clerk 
shall  advertise  for  ten  days  in  like  manner  for  new  bids  in  accord- 
ance with  and  under  the  provisions  hereof. 

If,  after  examining  said  bids,  it  shall  be  deemed  advisable 
by  the  city  council,  the  city  engineer,  subject  to  the  approval 
of  the  mayor  and  council,  shall  contract  for  the  construction  or 
widening  of  such  sidewalks  as  may  be  ordered  by  the  mayor  and 
city  council  during  the  year  ending  December  31st,  following, 
to  be  constructed  or  widened,  with  the  lowest  bidder  for  the  kind 
and  class  of  material  designated  by  the  mayor  and  council  as  the 
material  to  be  used  in  the  construction  or  widening  of  said  side- 
walks; and  after  said  contract  has  been  executed,  then  and  there- 
after, during  the  period  ending  December  31st,  following,  it  shall 
be  the  duty  of  the  city  contractor,  upon  being  ordered  so  to  do 
by  the  city  engineer,  to  lay,  construct,  or  widen  all  sidewalks 
ordered  by  the  mayor  and  city  council  during  said  period  to  be 
constructed  or  widened,  in  all  cases  where  the  owner  or  owners 
of  the  property  in  front  of,  abutting  on,  or  adjacent  to  which 
the  same  were  ordered  constructed  or  widened  have  failed,  ne- 
glected, or  refused  to  lay,  construct  or  widen  said  walks,  or  to 
enter  upon  the  laying,  construction  or  widening  of  such  walks 
within  twenty  days  after  the  last  publication  of  the  notice  as 
provided  in  Section  5  hereof. 

Repairs. 

Section  9.  All  wooden  sidewalks  heretofore  laid  or  con- 
structed in  the  city  of  Omaha,  or  hereafter  laid  and  constructed 
pursuant  to  the  provisions  of  this  chapter  shall  be  maintained 
in  a  good  and  safe  condition  by  the  owner  or  owners  of  the  pre- 
mises along  which  such  sidewalks  exist,  until  such  time  as  per- 
manent sidewalks  shall  be  ordered  by  the  mayor,  and  city  council 
along  said  premises;  and  it  shall  be  the  duty  of  the  said  owner  or 


REVISF.D    ORDIXANCES.  417 

owners  to  make  all  necessaiy  repairs  on  said  sidewalks  from  time 
to  time  as  the  same  may  be  needed  to  keep  said  sidewalks  in  a  good 
and  safe  condition. 

Duty  City  Engineer. 

Section  10.  That  the  city  engineer  be,  and  he  is  hereby, 
authorized  and  directed  to  cause  to  be  prepared  and  put  in  a 
proper  and  safe  condition  any  sidewalk  along,  and  upon  any 
street,  avenue  or  boulevard  in  the  city  of  Omaha,  except  in  case 
such  sidewalk  by  reason  of  its  dilapidated  condition  is  beyond 
repair,  and  should  be  torn  up  and  replaced  by  a  new  sidewalk; 
and  it  shall  be  the  dut}'  of  the  city  engineer,  and  said  engineer 
shall  have  the  power  to  forthwith  make  all  necessary  repairs  on 
said  sidewalks.  It  shall  not  be  necessary  for  the  city  of  Omaha, 
or  the  city  engineer,  before  making  such  repairs,  to  notify  the 
owners  of  the  premises  along  which  said  sidewalk  is  laid  thereof; 
the  fact  that  such  sidewalk  is  out  of  repair  and  in  an  unsafe  and 
dangerous  condition  shall  be  held  and  taken  as  conclusive  proof 
of  the  failure,  neglect  and  default  of  the  owner  of  the  premises 
along  which  such  sidewalk  is  laid  to  make  such  repairs,  and  shall 
be  sufficient  to  authorize  and  empower  the  city  engineer  to  make 
such  repairs  as  herein  directed.  It  shall  be  the  duty  of  the  city 
engineer  to  report  from  time  to  time  the  cost  of  such  repairs  to 
the  city  council,  that  the  same  may  be  assessed  against  the  lots 
and  real  estate  opposite  to  which  said  repairs  have  been  made. 

Nuisance — Misdemeanor. 

Section  11.  Xo  old  sidewalk  shall  be  torn  up  or  destroyed 
until  after  the  mayor  and  council  shall  have,  by  concurrent  reso- 
lution under  the  provisions  of  this  chapter,  ordered  a  new  side- 
walk to  be  constructed  in  place  thereof.  Provided,  however, 
it  shall  be  the  duty  of  the  city  engineer,  upon  the  certificate  of 
the  councilman  from  the  ward  in  which  the  sidewalk  is  located 
certifying  that  such  sidewalk  (describing  it)  by  reason  of  its  di- 
lapidated condition  is  beyond  repair,  to  forthwith  tear  up,  destroy 
and  remove  such  old  sidewalk  as  a  nuisance.  Any  sidewalk  con- 
structed in  any  other  manner  than  is  authorized  and  required 
by  this  chapter  is  hereby  declared  a  nuisance,  and  any  person 
building  such  sidewalk  or  authorizing  the  same  to  be  laid,  or 
constructed  along  or  adjoining  his  premises,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
subject  to  the  penalties  hereafter  provided. 


■ilS  rp:vised  ordinances. 

Cost  assessed  against  property. 

Section  12.  raynieiit  by  the  city  for  the  construction  or 
widening  of  sidewalks  constructed  or  widened  under  this  chap- 
ter, and  the  concurrent  resolutions  passed  in  pursuance  of  its 
provisions,  shall  be  made  by  warrants  upon  a  special  fund  to  be 
created  by  assessments  levied  upon  the  lots  or  parcels  of  land 
along  and  adjacent  to  which  the  said  sidewalks  are  so  constructed 
or  widened,  and  in  case  of  corner  lots,  such  lots  shall  be  charged 
with  the  cost  of  so  much  additional  walk  as  was  required  to  be 
laid  for  the  intersection  of  the  sidewalks  abutting  on  the  frontage 
of  such  lots;  and  it  shall  be  the  duty  of  the  city  engineer  and 
of  the  mayor  and  city  council,  in  entering  into  a  contract  for  the 
construction  of  said  sidewalks,  to  stipulate  in  said  contract  and 
make  it  a  condition  thereof,  that  the  contractor  therein  shall 
be  so  paid  and  that  the  warrants  so  drawn  and  issued  shall  be 
accepted  by  said  contractor  in  full  payment  and  satisfaction  of 
all  sums  due  him  under  said  contract,  and  in  the  drawing  of  said 
warrants  under  said  contract,  a  separate  warrant  shall  be  drawn 
against  each  lot,  parcel,  or  tract  of  land,  against  which  any  special 
tax  is  levied,  to  cover  the  cost  of  constructing  or  widening  a  side- 
walk adjacent  thereto,  which  said  warrant  shall  be  for  the  full 
amount  of  the  tax,  except  the  cost  of  inspection,  levied  against 
said  tract  or  parcel  of  and  to  cover  the  cost  of  the  sidewalk  con- 
structed or  widened  adjacent  thereto,  and  each  of  said  warrants 
shall  expressly  recite  upon  its  face  that  it  is  payable  out  of  the 
proceeds  of  the  special  tax  levied  by  special  levy  ordinance  (giving 
number  of  same)  upon  and  against  said  lot,  tract  or  parcel  of 
land  (giving  description  of  same).  The  cost  of  the  construction, 
widening,  or  repairing  of  any  sidewalk  shall  be  levied  upon  any 
lot  or  ground  abutting  upon,  adjacent  to  or  adjoining  which  said 
sidewalk  is  laid,  widened  or  repaired,  by  ordinance,  and  the  taxes 
so  levied  shall  become  due  and  payable  immediately  upon  the 
levying  of  same,  and  dehquent  fifty  days  thereafter. 

City  Engineer  keep  record. 

Section  13.  It  shall  be  the  duty  of  the  city  engineer  to  keep 
a  record  of  all  sidewalks  constructed  or  widened  by  the  city  con- 
tractor under  this  chapter  and  the  concurrent  resolutions  passed 
pursuant  to  its  provisions,  and  report  the  cost  thereof  to  the 
council  for  the  purpose  of  being  assessed  against  the  premises 
along  which  said  sidewalk  was  laid  and  widened. 


REVISED    ORDINANCES.  419 

City  Clerk  deliver  ordinance  and  warrant  to  Treasurer. 

Section  14.  Whenever  any  such  special  tax  is  levied  the 
city  clerk  shall  forthwith  deliver  a  copy  of  such  ordinance  with 
the  usual  warrant  thereto  attached  to  the  city  treasurer,  and  the 
city  treasurer  shall  forthwith  proceed  to  collect  the  said  taxes 
in  the  same  manner  as  provided  for  the  collection  of  other  special 
taxes. 

Penalty. 

Section  15.  Any  person,  company,  or  corporation,  who  shall 
fail,  neglect,  or  refuse  to  comply  with  any  of  the  conditions  or 
requirements  of  any  of  the  foregoing  sections  of  this  chapter, 
or  who  shall  fail  to  comply  with  Jiny  of  the  requirements  herein, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  a  sum  not  exceeding  the  sum  of  thirty 
($30)  dollars. 

Throwing  heavy  substances  on  sidewalk — Penalty. 

Section  16.  It  is  hereby  declared  unlawful  for  any  person 
to  throw  any  iron  or  other  heavy  or  metallic  weight,  or  to  dump 
or  to  throw  ice,  coal,  boxes,  barrels,  or  other  hard  or  heavy  sub- 
stance upon  any  sidewalk  in  the  city  of  Omaha,  in  such  a  manner 
as  may  cause  injury  to  such  sidewalk.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
exceeding  one  hundred  ($100)  dollars,  or  imprisoned  not  exceed- 
ing thirty  (30)  days,  or  both  fined  and  imprisoned,  in  the  discre- 
tion of  the  court,  and  moreover  shall  be  liable  for  any  injury 
caused  to  any  such  sidewalk. 

Clearing  sidewalks  of  snow  and  ice. 

Section  17.  It  sliall  be  the  duty  of  th(>  occupant,  as  well  as 
the  duty  of  the  owner,  of  any  lot  or  land  or  real  estate  in  the  city 
of  Omaha  to  clear  the  sidewalks  contiguous  thereto  of  all  snow  and 
ice  within  six  hours  after  tlie  cessation  of  any  stoi-m  or  fall  of  snow; 
provided,  however,  if  such  storm  or  fall  of  snow  take  i)lace  and 
occur  in  the  night  time,  then  and  in  that  case  the  owner  shall  have 
until  12  o'clock  iU)on  next  following  to  clear  said  sidewalks  of  said 
snow  and  ice;  said  snow  and  ice  shall  be  removed  into  the  trav- 
eled portion  of  the  street  and  so  spn^ad  over  the  surface^  of  the 
street  as  not  to  interfci-c   with    |)iiblic    li-a\-cl    tlici-con,  and  no  ))or- 


420  REVISED    ORDINANCES. 

tion  thereof  shall  be  placed  or  spread  within  three  feet  of  the  curb 
line  on  said  street. 

Penalty. 

Section  18.  Any  occupant  of  any  lot,  land  or  real  estate 
who  shall  neglect,  fail  or  refuse  to  clear  said  sidewalks  contiguous 
to  the  premises  occupied  by  him  of  snow  and  ice,  in  the  manner  and 
within  the  time  specified  in  section  17  hereof,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
in  a  sum  not  less  than  five  ($5)  dollars,  and  not  exceeding  twenty- 
five  ($25)  dollars. 

Cleared  by  city,  tax. 

Section  19.  If  any  side  walk  in  front  of  any  lot,  land  or 
real  estate  within  the  city  be  not  cleared  by  the  occupant  or  owner, 
as  directed  in  section  17  hereof,  and  by  the  time  therein  specified, 
it  shall  be  the  duty  of  the  city  engineer  to  cause  said  sidewalk  to  be 
cleared  forthwith  and  to  immediately  report  the  cost  and  expense 
thereof  to  the  city  council,  and  the  council  shall  thereupon  levy  a 
special  tax  on  such  lot  or  land  sufficient  to  pay  such  costs  and 
expenses,  which  said  special  tax  shall  be  due  and  payable  at  the 
date  of  the  levy  and  become  delinquent  fifty  days  after  the  date 
of  levy,  and  from  and  after  becoming  dehnquent  shall  bear  interest 
at  the  rate  of  one  per  cent  per  month  until  paid;  and  when  any 
such  special  tax  is  levied  the  city  clerk  shall  forthwith  dehver  a 
copy  of  the  ordinance  levying  the  same  to  the  city  treasurer,  and 
to  every  such  copy  of  such  ordinance  so  delivered  to  the  city  treas- 
urer the  city  clerk  shall  append  a  warrant  in  the  usual  form,  re- 
quiring the  city  treasurer  to  collect  such  special  taxes  by  distress, 
and  sale  of  goods  and  chattels  of  the  owner  of  the  lots  and  lands 
so  taxed,  if  the  same  be  not  paid  before  the  time  fixed  for  the  same 
to  become  delinquent.  All  of  such  special  taxes  remaining  un- 
paid and  uncollected  shall  be  transmitted  and  certified  by  the  city 
treasurer  to  the  county  treasurer  for  collection  by  the  sale  of  the 
lots,  lands  and  real  estate  so  taxed,  at  the  time  and  in  the  manner 
as  provided  by  law,  for  the  transmission  and  certification  by  the 
city  treasurer  to  the  county  treasurer  of  other  taxes  and  special 
taxes  for  collection  by  sale  of  the  lots,  lands  and  real  estate, 
subject  to  such  taxes  and  special  taxes. 


REVISED    ORDINANCES,  421 

Persons  injured,  damages. 

Section  20.  In  the  event  any  persons  shall  be  injured  in 
body  or  property,  by  reason  of  the  neglect,  failure  or  refusal  of 
any  occupant  or  owner  to  clear  the  sidewalks  contiguous  to  the 
premises  occupied  or  owned  by  him,  of  snow  and  ice  as  herein  pro- 
vided, and  such  person  so  injured  shall  recover  damages  and  costs 
from  the  city  of  Omaha  for  the  injuries  so  sustained,  such  owner 
shall  be  hable  to  the  city  for  the  amount  of  damages  and  costs  so 
recovered  and  the  city  may  sue  and  recover  same  at  law. 

Definition. 

Section  21.  The  word  "Occupant"  as  used  in  this  chapter 
shall  be  held  and  construed  to  include  the  person  or  persons  actually 
occupying  the  lot,  land  or  real  estate,  whether  he  be  tenant,  lessee 
or  owner;  the  word  "Owner"  as  used  in  this  chapter  shall  be 
held  and  construed  to  include  the  person  or  persons  holding  the 
legal  title  to  the  lot,  land  or  real  estate;  the  w^ord  "Person"  as 
used  in  this  chapter  shall  be  held  and  construed  to  include 
persons,  co-partnerships,  associations  and  corporations. 

Sidewalks,  Animals  or  Vehicles  on. 

See  Misdemeanors,  Section  28. 

Sidewalks,  Obstructing  or  Removing. 

See  Misdemeanors,  Section  82. 

Signs,  Posting  of  Without  Permission. 

See  Misdemeanors,  Section  80. 


422  REVISED    ORDINANCES. 


CHAPTER  LXXVI. 
SLAUGHTER  HOUSES. 

Within  what  territory  a  nuisance. 

Section  1.  It  is  hereby  declared  unlawful  to  carry  on  the 
business  of  slaughtering  animals,  or  of  operating  a  slaughter  house 
or  packing  house  in  aiiy  of  that  part  of  the  city  of  Omaha  included 
within  the  corporate  limits  of  said  city  as  the  same  existed  in  the 
year  A.  D.  1886,  and  any  such  acts,  business  or  occupation  within 
said  limits  is  hereby  declared  to  be  a  nuisance. 

Operating  within  corporate  limits  of  1 886  prohibited. 

Section  2.  The  operating  of  any  slaughter  or  packing  house 
in  any  part  of  the  city  of  Omaha,  excepting  those  now  in  actual 
use  as  such  outside  of  the  corporate  limits  as  they  existed  A.  D. 
1886,  is  hereby  prohibited  and  declared  to  be  a  nuisance,  and  it 
shall  be  unlawful  to  make  any  additions  to  any  slaughter  or  packing 
house  in  any  part  of  the  city  of  Omaha  with  intent  to  use  the  same 
for  packing  or  slaughtering  purposes. 

Penalty. 

Section  3.  Any  one  violating  any  of  the  provisions  of  this 
chapter  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  convic- 
tion shall  be  fined  in  any  sum  not  exceeding  fifty  ($50)  dollars,  or 
imprisoned  for  a  term  not  exceeding  thirty  days,  or  may  be  both 
fined  and  imprisoned,  and  the  nuisance  shall  be  abated,  and  every 
day  the  nusiance  shall  continue  shall  be  deemed  a  new  offense. 

Slaughter  Houses. 

See  Misdemeanors,  Sections  56,  57  and  58. 


REVISKD    ORDINANCES.  423 

CHAPTER  LXXVII. 

SLOT  MACHINES. 
License. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person, 
persons,  corporations,  company  or  association  to  place,  exhibit  or 
operate  or  authorize  to  be  placed,  exhibited  or  operated  on  any 
streets,  alley  or  sidewalk  of  the  city  of  Omaha  any  slot  machine 
or  other  like  contrivance  or  device  in  which  may  be  deposited 
pennies  or  other  coin  for  the  delivery  of  merchandise,  soft  drinks, 
or  for  weighing,  furnishing  music,  or  which  may  be  used  for  other 
like  purposes,  without  first  complying  with  the  provisions  of  this 
chapter,  and  obtaining  a  license  as  herein  required. 

Applications  for  license. 

Section  2.  Any  person,  persons,  corporation,  company  or 
association  desiring  to  place,  exhibit,  operate  or  have  used  on  any 
pubhc  streets,  alley  or  sidewalk  of  the  city  of  Omaha,  any  slot 
machine  or  other  like  machine  or  device  for  the  delivery  of  merchan- 
dise, soft  drinks,  or  for  weighing,  furnishing  music  or  for  any  other 
like  purpose,  shall  make  application  to  the  city  license  inspector 
for  a  permit  to  locate  said  machine  or  machines ;  said  permit  shall 
state  OM'ner's  name,  proposed  location  for  each  machine,  and  if 
granted,  he  shall  approve  such  permit  bj^  endorsing  thereon  his 
name  and  the  word  approved  It  shall  be  the  duty  of  the  license 
inspector  to  visit  each  proposed  location  before  approving  or  reject- 
ing any  permit. 

Clerk  to  issue. 

Section  8.  The  city  clerk  shall  issue,  upon  application,  to 
any  person,  persons,  corporation,  company  or  association  desiring 
to  place,  exhibit,  operate  or  have  used  on  any  public  street,  alley 
or  sidewalk  of  the  city  of  Omaha  any  slot  machine  or*  other  like 
machine  or  device  for  the  delivery  of  merchandise,  soft  drinks,  or 
for  weighing,  furnishing  music,  or  for  any  other  like  purpose  a 
license,  authorizing  the  exhibition,  use  or  operation  of  any  such 
machine,  upon  presentation  of  said  permit  as  provided  in  Section  2 
and  the  payment  to  said  clerk  of  the  sum  of  five  ($5)  dollars,  for 
each  slot  machine  or  other  like  device  or  contrivance  proposed  to 
be  used  for  the  purpose  herein  contemplated  for  the  fiscal  year  in 


424  REVISED    ORDINANCES. 

Which  such  Hcense  shall  be  issued,  which  license  shall  in  all  cases 
expire  December  31st  of  the  year  in  which  the  same  is  issued.  Said 
license  shall  show  on  its  face  the  number  of  the  machine  and  suffic- 
ient reference  thereto  to  enable  identification  thereof. 

Gambling. 

Section  4.  Provided,  hoivever,  that  no  license  shall  be  issued 
for  the  placing,  use,  exhibition  or  operation  of  any  slot  machine  or 
other  similar  machine  or  device  that  shall  be  in  the  nature  of  a 
gambling  machine  or  device,  or  shall  in  any  manner  involve  any 
element  of  chance,  nor  shall  the  holding  of  any  license  by  the  city 
clerk  issued  authorize  or  permit  the  exhibition,  use  or  maintenance 
of  any  slot  machine  or  other  similar  machine  or  device  which  shall 
be  in  the  nature  of  a  gambling  machine  or  device,  or  which  shall  in 
any  manner  involve  the  elements  of  chance. 

Penalty. 

Section  5.  Any  person,  persons,  company,  corporation  or 
association  placing,  exhibiting  or  operating  any  slot  machine  or 
other  similar  machine  or  device  on  any  street,  alley  or  sidewalk  of 
the  city  of  Omaha  without  first  complying  with  the  conditions  of 
this  chapter,  and  obtaining  a  license  as  herein  provided  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  twenty-five  ($25)  dollars,  or  be 
imprisoned  not  exceeding  ten  days,  or  may  be  both  fined  or  im- 
prisoned, as  may  be  determined  by  the  judgment  of  the  court. 

Merchandise  slot  machines  only. 

Section  6.  That  from  and  after  the  passage  of  this  ordinance 
it  shall  be  unlawful  for  aii}^  merchant,  storekeeper,  druggist  or 
any  other  person,  persons,  partnership,  or  corporation,  to  keep, 
maintain,  operate  or  have  exposed  in  any  store  or  place  accessible 
to  the  public  of  the  city  of  Omaha,  any  trade  machine,  slot  ma- 
chine or  mechanical  device  whatsoever,  by  means  of  which  any 
person  playing  or  manipulating  the  same  may  receive  or  become 
entitled  to  receive  by  way  of  a  prize,  gift  or  winnings,  any  money 
or  check,  chip,  counter,  playing  check  or  card. 

Pay  in  merchandise  only. 

Section  7.  That  from  and  after  the  passage  of  this  ordi- 
nance it  shall  be  unlawful  for  any  merchant,  storekeeper,  druggist, 


REVISED    ORDINANCES.  -±25 

or  any  other  person,  persons,  partnership  or  corporation,  keeping 
or  maintaining,  for  pubhc  patronage,  any  trade  machine,  slot 
machine  or  mechanical  device  whatsoever,  to  issue,  pay,  or  give 
to  any  person  playing  or  manipulating  the  same,  in  lieu  of  the 
merchandise  such  person  may  become  entitled  to  receive  as  his 
purchase  or  winnings,  any  money,  check  for  money,  trade  check, 
chip,  counter,  playing  check  or  card. 

Minor  operating. 

.Section  8.  That  from  and  after  the  passage  of  this  ordinance 
it  shall  be  unlawful  for  any  merchant,  storekeeper,  druggist,  or 
any  other  person,  partnership  or  corporation  keeping  and  main- 
taining for  public  patronage  any  trade  machine,  slot  machine  or 
mechanical  device  whatsoever,  to  permit,  allow,  or  suffer  any 
minor  to  use,  operate,  or  play  the  same. 

Penalty. 

Section  9.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  the  last  three  preeeding  sections  shall  he  deemed  guilt}-  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  in  any 
sum  not  less  than  ten  ($10)  dollars,  or  more  than  one  hundred 
($100)  dollars  for  each  and  every  violation  thereof.  Whenever 
any  police  officer  shall  make  an  arrest  of  any  person  keeping  or 
maintaining  any  trade  machine,  slot  machine  or  mechanical 
device,  for  a  violation  of  any  provision  of  said  sections,  it  shall 
be  such  officer's  duty  to  take  from  such  person  such  trade 
machine,  slot  machine  or  mechanical  device  so  found  in  his 
possession  at  the  time  of  his  arrest  and  to  retain  the  same,  to 
abide  such  order  concernnig  the  same  as  ma}'  bo  made  liy  the 
police  judge. 

Smoke  Stack,  Offensive. 

See   Misdemeanors,   Sections   (i.S  to   70. 

Sod,  Cutting  and  Removing  of. 

Sec  .Mis(!eiiieaiiors,  Scclioii    \'i. 


426  REVISED    ORDINANCES. 

CHAPTER  LXXVIII. 
SPITTING    (3N    SIDEWALK    OR    PUBLIC    CONVEYANCES. 

Spitting  on  sidewalks  and  in  cars. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person 
to  spit  or  expectorate  on  any  sidewalk  upon  any  of  the  public 
streets  of  the  city  of  Omaha,  or  to  spit  or  expectorate  on  the 
floor,  grating,  steps  or  platform  of  any  street  railway  car,  or  in 
any  of  the  public  conveyances  used  to  convey  passengers  in  the 
city  of  Onuiha. 

Spitting  on  floor  of  public  buildings,  etc. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person 
to  spit  or  expectorate  on  any  step,  floor,  corridor,  hallway  or  wall 
of  any  public  building  within  the  city  of  Omaha,  and  all  persons 
desiring  to  spit  or  expectorate  while  in  or  about  any  public  building 
shall  use  only  the  cuspidors  or  spittoons  provided  for  such  purpose. 

Penalty. 

Section  3.  Any  person  who  shall  violate  or  fail  to  comply 
with  any  provision  of  any  of  the  foregoing  sections  of  this  chapter 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  for  each  offense  in  any  sum  not  less  than 
one  ($1)  dollar  or  exceeding  ten  ($10)  dollars,  and  it  is  hereby 
made  and  declared  to  be  the  duty  of  all  police  officers  of  the  city 
of  Omaha  to  see  that  the  provisions  of  this  chapter  are  complied, 
with  and  not  violated,  and  to  take  all  proper  action  necessary  for 
that  purpose. 

Cuspidors. 

Section  4.  It  is  hereby  made  the  duty  of  the  proprietor  or 
lessee  of  any  pubhc  building  to  provide  the  corridors  and  the 
hallways  thereof  with  a  sufficient  number  of  spittoons  or  cuspidors 
placed  at  convenient  places  for  the  use  of  persons  desiring  to  spit 
or  expectorate,  and  it  is  further  hereby  made  ^  the  duty  of  any 
street  car  company  operating  street  cars  in  the  city  of  Omaha  to 
post  a  copy  of  this  chapter  therein,  or  at  its  option  to  post  the 
first  section  of  said  chapter  with  a  brief  statement  of  the  penalty 
attached  to  the  violation  thereof. 

Stagnant  Water. 

See  Banks  of  Earth  and  Stagnant  Water,  Sections  4  and  5 


REVISJ^D    ORDINANCES.  427 

CHAPTER  LXXIX. 
STATIONARY  ENGINES. 

Unlawful  to  place  above  first  floor — Permit  required. 

Section  1.  It  is  hereby  declared  to  be  unlawful  for  any 
person,  firm  oi  corporation,  to  locate  or  place  any  steam,  gas 
hot-air,  or  other  engine  for  the  propelling  of  machinery:  or  any 
boiler,  furnace  or  other  apparatus  for  the  generation  of  steam, 
hot  air  or  otherwise,  for  the  propelling  of  machinery  in  any  build- 
ing or  structure  above  the  first  or  ground  floor  thereof.  Hereafter 
no  such  engine  or  boiler  shall  be  located  or  placed  in  any  part  of 
any  building  or  structure  without  a  permit,  to  be  issued  as  here- 
inafter described. 

Board. 

Section  2.  That  the  chief  of  the  fire  department,  the  boiler 
inspector  and  the  superintendent  of  buildnigs  are  hereby  created 
a  board,  to  be  known  as  the  board  for  the  regulation  and  super- 
vision of  stationary  engines  and  boilers,  of  which  the  said  boiler 
inspector  shall  be  chairman,  and  any  two  members  of  which  shall 
constitute  a  quorum  for  the  transaction  of  business. 

Duty  of  board. 

Section  3.  It  is  hereby  made  the  duty  of  said  board,  and 
it  is  hereby  authorized  and  empowered  to  have  and  exercise  super- 
vision over  and  regulation  of,  any  and  all  steam,  gas,  hot-air,  or 
other  engines  and  boilers,  used  for  the  propelling  of  machinery, 
heretofore  or  hereafter  placed  in  any  building  or  structure  in  the 
city  of  Omaha,  and  in  the  exercise  of  such  supervision,  said  board 
or  any  member  thereof  may  at  any  time  enter  upon  any  premises 
where  any  such  engine  or  engines,  boiler  or  boilers  are  or  may  be 
located,  for  the  purpose  of  inspecting  or  examining  the  same,  or 
the  building  within  which  the  same  are  placed  or  to  be  placed. 
If  any  engine  or  engines,  boiler  or  boilers,  have  heretofore  been 
placed  upon  any  other  than  the  first  or  ground  floor  of  any  build- 
ing, and  said  board  shall  upon  examination  judge  and  determine 
such  location,  placing  or  use  to  be  dangerous,  unsafe,  or  prejudicial 
to  Hfe  and  property,  or  either,  said  board  shall,  and  it  is  hereby 
duly  authorized  and  empowered,  after  giving  not  less  than  five  days' 


428  REVISED    ORDINANCES. 

notice  in  writing  to  the  ownei-,  agent,  lessee  or  occupant  of  such 
building  or  the  person,  firm  or  corporation  owning  or  using  such 
engine  or  boiler  so  placed,  cause  and  compel  the  removal  of  the 
same.  Pending  such  removal  said  board  shall  have  poAver,  and 
it  is  hereby  authorized,  to  close  such  building  or  buildings,  vacate 
the  same,  and  terminate  all  work,  business  or  labor  therein. 

Applications. 

vSection  4.  Hereafter  any  person  or  persons,  firm  or  cor- 
poration desiring  to  locate  or  place  any  steam,  gas,  hot-air  or 
other  engine  and  boiler  or  boilers  for  the  propelling  of  machinery, 
shall  make  written  application  to  said  board  for  a  permit  so  to  do. 
Such  application  shall  state  location,  size,  character  and  style  of 
engines  and  boilers  proposed.  Said  board,  or  a  majority  thereof, 
shall  make  examination  of  the  place,  and,  so  far  as  practicable, 
of  the  engine  or  boiler  proposed,  and  upon  approval  thereof,  shall 
issue  their  permit  for  the  placing  of  the  same. 

Permits — Penalty. 

Section  5.  All  permits  shall  be  issued  in  writing,  over  the 
signature  of  the  chairman  of  said  board.  All  actions  of  said  board 
shall  he  duly  recorded  and  preserved,  and  written  rej^orts  shall 
at  least  ciuarterly,  and  oftener,  if  required,  be  made  to  the  city 
council. 

Nothing  in  this  chapter  contained  shall  1)e  construed  to 
relate  to  electric  motors  or  to  ordinary  stoves  and  similar  heating 
apparatus.  Any  person  or  persons  violating  the  provisions  of 
this  chapter  or  any  part  thereof  shall,  upon  conviction,  be  fined 
in  any  sum  not  exceeding  twenty-five  ($25)  dollars. 

Stock,  Driving  of,  Through  Streets. 

See  l)ri\'iiii!;  Stnclc. 

Stores,  Sunday  Closing  of. 

See  Misdeineauors  Sections  78  and  79., 


IlEVISEI)    OKDIXAXCF.S.  429 

CHAPTER  LXXX. 

STREETS. 

Dedication  of  streets  and  alleys. 

Section  1.  All  that  portion  of  lands  lying  and  being  Avithin 
the  limits  of  said  city  entered  and  patented  to  Jesse  Lowe  as 
mayor  of  said  city,  by  the  United  States,  also  all  that  portion 
of  lands  entered  by  John  McCormick,  and  to  him  patented  by  the 
United  States,  and  by  said  McCormick  conveyed  to  David  D. 
Belden  in  trust,  which  l)v  and  according  to  the  original  survey 
of  A.  D.  Jones,  are  designated  as  streets,  alleys  and  levee  or  dock, 
shall  be  and  they  are  hereby  forever  dedicated  to  the  use  of  the 
public  as  such  streets,  alleys,  and  levee,  under  such  restrictions 
and  regulations  as  the  city  council  may  from  time  to  time  pre- 
scribe. 

Jefferson  square. 

Section  2.  All  of  that  portion  of  lands  of  said  city  lying 
and  being  within  the  aforesaid  entries,  which  by  and  according 
to  the  original  survey  of  said  city  made  by  A.  I).  Jones,  is  desig- 
nated as  Jefferson  scpiare  and  park,  shall  be  and  the  same  is 
hereby  forever  dedicated  to  the  use  of  the  public  as  a  public  square 
and  park,  under  such  regulations  and  restrictions  as  the  city  council 
may  from  time  to  time  prescribe;  Provided,  however,  that  nothing 
in  this  or  the  preceding  section  shall  in  any  way  relate  to  or  affect 
any  conveyance  or  disposition  heretofore  made  of  any  of  the 
aforesaid  streets,  allej^s,  levee  and  park  by  the  city  council  of 
said  city,  or  by  or  through  or  under  its  direction. 

Cars  on  streets. 

Section  M.  That  it  shall  hereafter  he  unlawful  for  any  rail- 
road com])aiiy  or  the  employes  thereof  to  permit  any  car  or  engine 
to  remain  or  stand  upon  any  pubUc  street  of  llie  city  of  Omaha 
for  more  than  five  minutes  at  any  onetinie.  And  any  person  or  an 
officer  or  employe  of  any  railroad  company,  who  shall  place  any  such 
car  or  engine  uix)n  any  such  public  street  and  permit  the  same  to 
stand  thereon  for  more  than  fi\c  minutes,  as  afon^said,  shall  be 
deemed  guiltvof  a  mi.sdemeanor,  and  upon  couvictioii  thereof  shall 


430  REVISED    ORDINANCES. 

l^e  fined  any  sum  not  exceeding  fifty  ($50)  dollars,  and  shall  be  sub- 
ject to  a  like  fine  for  each  five  minutes  said  car  or  engine  shall  be 
permitted  to  stand  upon  said  street  after  an  arrest  has  been  made  for 
the  first  offense.  Providid,  that  this  section  shall  not  be  construed 
to  include  any  street,  alley  or  pubhc  ground  or  any  part  thereof, 
the  right-of-way  over  and  through  which  has  heretofore  been  or 
may  hereafter  be  granted  or  released  to  the  Union  Pacific  Rail- 
road Company,  and  Provided,  fvrther,  that  it  shall  not  apply  to 
that  portion  of  6th  street  lying  north  of  the  north  line  of  Pacific 
street  and  within  the  limits  of  the  depot  grounds  of  said  Union 
Pacific  Railroad  Company,  as  granted  and  donated  to  said  com- 
pany. And  prorided,  further,  that  the  said  Union  Pacific  Rail- 
road Company  shall  open  and  maintain  a  roadway  40  feet  wide 
across  its  own  ground  on  lot  7,  in  block  236,  city  of  Omaha,  from 
the  north  line  of  Pacific  street  to  the  south  line  of  the  alley  in 
said  block  236. 

This  section  is  passed  upon  the  express  condition  that  said 
Union  Pacific  Railroad  Company,  its  successors  and  assigns  shall 
keep  and  save  the  eity  of  Omaha  free  and  harmless  from  all  dam- 
ages, costs,  expenses  and  suits  arising  from  the  passage  hereof. 

Obstructing  streets. 

Section  4.  It  shall  hereafter  be  unlawful  for  any  person  to 
obstruct  any  of  the  streets  or  alleys  in  this  city,  or  in  any  man- 
ner interfere  with  the  public  use  thereof,  by  making  a  stand  in 
any  of  the  streets,  or  by  permitting  any  railroad  car  or  engine,  or 
train  of  cars  to  stand  on  the  track  within  any  street,  or  to.  allow 
any  team  to  stand  on  any  crosswalk  in  the  city;  and  in  the  use 
of  the  crosswalks  persons  on  foot  shall  have  the  preference  over 
teams,  and  any  person  who  shall  violate  any  of  the  provisions  of 
this  section,  on  conviction  thereof,  shall  be  fined  not  less  than 
one  ($1)  dollar  nor  more  than  one  hundred  ($100)  dollars. 

Names  and  numbers. 

Section  5.  Every  street  in  tliis  city  now  existing,  or  which 
shall  hereafter  be  laid  out  and  devoted  to  public  use,  shall  be 
designated  by  its  proper  name  or  number,  which  shall  be  painted 
on  board  or  on  tin,  and  the  same  shall  be  affixed  to  the  l:)uilding, 
or  in  the  absence  of  buildings,  to  the  fence  at  or  near  the  north- 
west or  southwest  corners  of  the  streets  at  their  intersection 
with  each  other. 


REVISED    ORDINANCES.  431 

System  of  numbering. 

Section  6.  All  the  streets  of  said  city  shall  be  designated 
and  numbered  by  hundreds.  First  street  shall  be  numbered  100, 
Second  street  200,  Third  street  300,  and  all  the  streets  extending 
north  and  south  shall  be  numbered  continuously  in  the  same 
manner  to  the  western  hmit  of  said  city.  Dodge  street  shall 
constitute  the  division  street  and  be  numbered  100.  Capitol 
avenue  shall  be  numbered  200,  Davenport  street  300  north,  and 
all  the  streets  extending  east  and  west  shall  be  numbered  con- 
tinuously in  a  similar  manner  to  the  northern  limits  of  said  city. 
Douglas  street  shall  be  numbered  200  and  Farnam  street  300 
south,  and  all  the  streets  extending  east  and  west  shall  be  num- 
bered continuously  in  a  similar  manner  to  the  southern,  limit  of 
said  city.  Each  twenty-two  feet  facing  the  streets  shall  designate 
a  number  for  a  house.  The  even  numbers  shall  be  placed  on  the 
north  and  west  sides  of  the  streets  and  the  odd  numbers  on  the 
south  and  east  sides  of  the  streets.  The  numbers  on  each  square 
will  commence  with  "1"  on  the  east  and  south  sides,  and  ''2" 
on  the  north  and  west  sides,  which  added  to  the  num]:)er  of  the 
street  shall  constitute  the  number  herein  rcciuired.  The  city 
council  shall  make  such  suitable  regulations  in  reference  to  the 
streets  in  the  additions  of  said  city  as  will  make  the  number  con- 
form as  near  as  practicable  with  the  above  arrangement  in  the 
regularly  laid  out  portion  of  the  city  as  the  necessities  may  re- 
quire. 

Numbering — Names  changed. 

Section  7.  For  the  purpose  of  securing  and  maintaining 
uniformity  in  the  names  of  streets  in  the  city  of  Omaha,  all  streets 
and  avenues  leading  north  and  south  within  the  city  limits  shall 
be  numbered  in  numerical  order,  and  all  streets  Ijcaring  east  and 
west  shall  be  named. 

Numbering  and  naming  streets. 

Section  8.  All  streets  oi-  avenues  lici-eafl(M-  dedicated  or 
extended  within  the  city  limits  of  Omaha  shall  correspond  in 
iiumber  or-  name  with  the  numbers  an<l  names  of  streets  herc^to- 
fore  adopleil,  tlie  basis  of  (li\ision  foi-  numbered  streets  Ix'ing  ilie 
section  line  cxlcnding  north  and  soulli  throngli  .IdTcrson  and 
Saunders  strcjcts  lunnbered  Twenty-fouflli,  street,  and  I  lie  dixision 
of  each  section  west  thereof  into   IwcKc   (12)   ecpial   spaces,    ihc 


432  REVISED    ORDINANCES. 

streets  along  or  near  such  division  lines  to  be  numbered  in  rota- 
tion, and  the  streets  at  or  near  lines  half  Avay  between  such  divi- 
sion lines  to  be  termed  avenues  and  to  receive  the  same  number 
of  the  street  immediately  east  thereof. 

Change  of  names  not  to  affect  grades,  etc. 

Section  9.  Changes  of  names  and  numbers  of  streets  shall 
in  no  way  affect  established  grades  of  streets  or  the  boundaries 
of  paving,  sewer  or  other  districts  created  before  such  changes, 
nor  any  contracts  for  work  tliat  may  have  been  made  or  may  be 
under  consideration  prior  to  any  change  in  iiames  or  numbers. 

Duty  of  City  Engineer. 

Section  10.  It  shall  be  the  duty  of  the  city  engineer  to 
procure  the  nanies  of  streets  and  cause  them  to  be  properly  put 
up.  as  requ.ired  in  this  chapter:  also,  to  procure  a  liook  of  sufficient 
capacity  and  keep  the  same  as  a  record  of  all  matters  pertaining 
to  the  numbering  of  streets.  He  shall  furnish  the  correct  number 
to  any  and  all  persons  applying  therefor,  and  shall  keep  a  record 
thereof. 

Numbers  on  buildings. 

Section  11.  The  city  engineer  is  hereby  autlmri/ed  and 
directed  to  designate  proper  numbers  for  all  buildings  fronting 
upon  any  street  or  avenue  in  the  city  limits,  according  to  the 
system  of  numbering  given  in  Section  6  of  this  chapter,  which 
system  he  is  directed  to  extend  to  all  streets  within  the  cit}'  limits. 
In  all  cases  where  Imildings  heretofore  erected  have  not  been 
numbered,  or  whoi-e  wrong  numbers  have  lieen  used,  and  in  all 
cases  where  new  Duildings  shall  be  hereafter  erected,  the  said 
engineer  shall,  in  person  or  by  assistant,  notif}^  the  owner  or  agent 
of  every  such  l)uilding  of  the  proper  ]uimber  thereof.  It  shall 
thereupon  l^e  the  dut}"  of  such  owner  or  agent  to  cause  the  number 
to  be  placed  thereon  with  conspicuous  and  legible  figures,  not  less 
than  two  inches  high,  within  thirty  days  thereafter,  and  on  failure 
so  to  do,  said  person  so  notified  shall  be  fined  in  any  sum  not 
exceeding  five  (S5)  dollars,  and  each  day's  failure  to  number 
said  l)uilding.  after  the  expiration  of  said  thirty  days,  shall  con- 
stitute a  separate  offense.  Any  person  who  shall  wrongfully  take 
down,  alter,  deface,  destroy  or  cancel  any  number  assigned  to 
or  ]:)laced  upon  any  building,  or  who  sliall  place  a  substitute,  or 


REVISED    ORDINANCES.  433 

I 

IXTiiiit  to  be  i)lac(Ml  nv  substituted  an  erronoous  or  improper 
uuiulx'r  ui)()!i  any  Iniilding,  or  Avho  shall  allow  an  erroneous  or 
improper  iuinil)er  to  be  retained  upon  any  building,  shall  be  fined 
therefor,  upon  conviction,  in  any  sum  not  more  than  ten  ($10) 
dollars,  with  costs  of  suit.  The  chief  of  pohce  shall,  under  the 
direction  of  the  city  engineer  and  pohce  commissioners,  notify 
all  ]3roperty  owners  or  agents  of  the  passage  of  this  section,  and 
that  the  property  owner  or  agent  is  re(|uired  to  comjdy  with  its 
provisions. 

Grade — Base  line. 

Section  12.  The  base  of  survey  for  the  establishment  of 
grade  for  the  city  of  Omaha  shall  b(>  low-water  mark  as  deter- 
mined by  the  city  engineer  on  the  25th  day  of  March,  1863,  viz.: 
Eighty-six  and  six-tenths  feet  below  the  door  step  at  the  sou^h 
entrance  of  the  court  house  in  said  city.  Every  grade  hereafter 
agreed  upon  for  any  street,  alley  or  highway  within  said  city, 
shall  ])e  fixed  and  established  by  ordinance  of  the  city  council, 
adopted  after  the  subject  of  such  grade  has  been  referred  to  a 
committee  and  a  report  made  thereon  accompanied  by  a  profile 
from  actual  survey  by  the  city  engineer,  and  all  grades  so  fixed 
shall  be  duly  established  and  recorded  with  the  profiles  thereof, 
in  a  suitable  book  to  be  prepared  and  kei)t  l)y  the  citv  engineer 
and  entitled  the  ''Grade  l^ook." 

Curb  line. 

Section  13.  That  the  curb  fines  of  all  streets  in  the  city  of 
<  )nuiha  that  have  not  been  heretofore  curbed  and  paved  shall  b(^ 
re-established  as  follows: 

All  streets  50  feet  or  less  in  width,  and  all  streets  lying  east 
of  24th  street,  between  Nicholas  street  and  Leavenworth  street 
diall  have  their  curb  lines  located  at  a  distance  from  their  center 
lines  of  3-10  width  of  said  streets. 

All  streets  of  widths  varying  from  50  feet  to  ()()  fecM  on  wliich 
>treet  railway  tracks  are  laid  and  street  cars  operated  r  hall  liave 
Mieir  curb  lines  20  feet  on  each  side  of  their  respecti\-e  cciilcr  liiu's. 

All   streets   varying  from    50  feet   to   66  feet   in    widtli,   l\-ing 
west  of  24th  street,  iioilh  of  Nicholas  strc^et  and  south  of  Lea\'eii- 
worth  street,  exce])t  tliosc  on  wliich  sireet  cai-  lines  may  be  located 
shall   have   their   curb    lines    located    at    a    nniforni    distam-e   u\'    15 
feet  on  each  side  of  t  h(>  centei-  line  of  said  sti'eets. 


434  REVISED    ORDINANCES. 

All  streets  more  than  66  feet  in  width  shall  have  their  curb 
lines  located  at  a  distance  from  their  center  lines  of  .3-10 
of  the  full  width  of  said  streets,  except  when  specially  designated 
otherwise  .by  ordinance,  except  such  streets  as  have  been  or  may 
be  designated  as  boulevards. 

Gutters. 

Section  14.  That  the  form,  width  and  depth  of  gutters 
and  crowns  of  streets,  together  with  all  specifications  concerning 
the  construction  of  the  same,  shall  be  determined  by  the  city 
engineer  in  each  case  as  such  street  improvements  may  be  here- 
after ordered. 

Aprons — Permit  required. 

Section  15.  It  shall  be  and  is  hereby  declared  unlawfid  for 
any  one  to  construct  or  to  cause  to  be  constructed  in  the  city  of 
Omaha  any  driveway  or  apron  over  curbs  and  gutters  in  the 
streets  or  avenues  of  the  city  of  Omaha  without  a  special  per- 
mit from  the  city  engineer. 

Bond. 

Section  16.  Before  any  permit  shall  be  issued  the  applicant 
to  whom  such  permit  is  to  issue,  shall  furnish  a  good  and  suffi- 
cient bond  in  the  sum  of  one  thousand  ($1,000)  dollars  to  secure 
the  city  agaiust  any  damages  that  may  arise  by  accident  or  other- 
wise   incident    to    such    apron    constructed. 

Permits  discretionary  with  city  engineer. 

Section  17.  The  city  engineer  shall  have  discretionary  power 
to  issue  or  refuse  a  ])ermit  for  such  apron  structure,  and  may  re- 
quire in  lieu  of  any  aprons  now  constructed  the  immediate  re- 
moval of  such  aprons  and  the  construction  of  an  open  driveway 
of  such  shape  and  nature  as  shall  seem  to  said  engineer  to  be 
proper  and  safe. 

Duty  of  city  engineer. 

Section  18.  On  all  streets  to  be  hereafter  curbed  and  gut- 
tered and  paved,  it  shall  be  the  duty  of  the  city  engineer  to  notify 
all  parties  desiring  driveways  into  their  premises,  to  furnish  him 
with   the  width   and  location   of  suc!i   drivewav.     The' cost   of  all 


RPWISF.D    ORDINANCES.  435 

such  driveways  in  excess  of  the  cost  of  the  continuous  gutter  and 
curb  to  be  charged  against  the  lots  of  real  estate  so  benefitted  by 
their  use  when  the  levy  for  such  work  shall  be  made. 

Penalty. 

Section  19.  Any  person  violating  any  of  the  provisions  of 
the  four  last  preceding  sections,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  in  a  sum 
of  not  less  than  five  ($5)  dollars  for  such  offense  or  each  daj^'s 
continuance  thereof. 

License  for  sewer  work. 

Section  20.  No  person,  persons  or  corporation  shall  open, 
uncover,  or  in  any  manner  make  any  connection  with,  or  lay  any 
sewer  pipe  in  the  public  streets,  alleys  or  other  grounds  in  the 
city  of  Omaha,  or  do  any  Avork  relating  thereto,  or  in  connection 
with  the  sewer  pipes  of  the  city  of  Omaha,  unless  duly  licensed 
therefor,  and  in  pursuance  of  a  pcrniit  from  the  city  engineer  for 
said  work. 

Applications  for  sewer  permit— Bond. 

Section  21.  Any  competent  mechanic  with  experience  in 
laying  drain  or  sewer  pipes,  upon  application  to  the  city  council 
may,  upon  approval  of  his  application  and  the  payment  of  ten 
($10)  dollars  for  the  year  or  unexpired  part  thereof,  ending  in 
all  cases  December  31st,  receive  a  license  to  lay  drain  or  sewer 
pipes,  or  make  connection  thereto;  Provided,  No  application  for 
such  license  shall  be  considered  unless  accompanied  by  a  bond 
in  the  sum  of  twenty-five  hundretl  ($2,500)  dollars,  with  two  or 
more  good  and  sufficient  sureties,  who  shall  each  justify  that  they 
are  worth  twenty-five  hundred  ($2,500)  dollars,  over  and  above 
all  debts,  liabilities  and  exemptions,  subject  to  the  approval 
of  the  city  council,  to  secure  the  city  and  the  ])ublic  against  dam- 
ages that  may  arise  by  virtue  of  the  carelessness  or  neglect  of  such 
person  or  corporation  to  properly  execute  or  protect  their  work, 
or  for  any  penalties  that  may  l)e  imposed  under  the  ])rovisions 
of  this  chapter.-  When  two  or  more  pcM'soiis  ar(^  co-partners, 
license  shall  issue  in  the  name  of  the  firm  or  co-partnership,  and 
no  license  shall  l)e  ti'ansferable. 


436  REVISED    ORDINANCES. 

Excavations  in  streets,  etc. 

Section  22.  I-"'>r  the  i)iirpose  of  paying  the  cost  of  restoring 
the  pavement  by  the  excavation  of  trenches,  which  may  have 
settled  after  the  ]iavement  lias  been  I'elaid,  it  shall  be  the  duty 
of  each  license'.!  phimber  and  drain  layer  to  make  and  maintain 
a  deposit  of  fifty  ($50)  dollars  with  the  city  treasurer.  All  such 
money  so  received  shall  be  kept  and  held  as  a  special  fund,  to  be 
called  plumbers'  maintaining  fund.  All  charges  against  the  same 
occasioned  by  repairs  to  trenches  or  pavements  as  herein  con- 
templated, shall  be  certified  to  the  city  comptroller  by  the  city 
engineer,  who  shall  state  the  amount  of  the  same  and  how  caused, 
and  the  name  of  the  plumber  or  drain  layer  responsible  therefor, 
and  thereupon  the  comptroller  shall  insert  the  amount  of  such 
charge  or  bill    in  any  general  appropriation  ordinance. 

The  city  engineer  shall  at  all  times  be  entitled  to  recjuire  of 
any  plundier  or  drain  layer  coming  within  the  provisions  of  this 
section,  a  certificate  or  statement  from  the  city  treasurer  that 
such  plumber  or  drain  la^^er  has  made  and  is  fully  maintaining  the 
the  amount  of  the  deposit  herein  required;  anfl  no  permit  for  open- 
ing any  street,  avenue  or  alley  shall  by  the  city  engineer  or  other 
officer  who  may  be  authori/;ed  to  issue  the  same,  be  granted  to 
any  phunber  or  drain  layer  who  fails  to  comply  with  the  require- 
ments of  this  section. 

Upon  their  retirement  from  business,  or  the  cancellation  of, 
or  failure  to  take  out  a  license,  any  plumber  or  drain  layer  shall 
be  entitled  to  receive  back  any  unexpended  portion  of  said  de- 
posit, the  same  to  be  inserted  in  any  general  appropriation  or- 
dinance, upon  the  certificate  of  the  city  engineer  to  the  city  comp- 
troller as  to  the  above  facts. 

Special  permits  for  excavations. 

Section  23.  Special  permits  for  any  excavation  for  water, 
drain  or  sewer  pipes  in  any  street,  alley  or  public  grounds  of  the 
city,  shall  be  issued  by  the  city  engineer  to  all  persons  or  corpo- 
rations leaving  license  for  such  work  upon  application  therefor 
as  herein  required.  The  application,  with  plans  of  all  proposed 
connections,  shall  be  filed  in  the  office  of  the  city  engineer,  signed 
by  the  master  plumber  or  drain  laj^ei',  and  the  owner,  agent  or 
lessee  of  the  premises  to  be  improved.  A  record  shall  be  kept 
by  such  master  plumber  or  drain  layer,  covering  full  details  of 
-uch  work  and  a  return  showing  such  details  shall  be  filed  in  the 


REVISED    ORDINANCES.  437 

office  of  the  city  engineer  on  or  before  the  first  day  of  each  inonth, 
of  all  such  work  completed  during  the  previous  month.  All  such 
work  shall  be  done  under  and  in  compliance  with  the  direction  of 
the  officer  in  charge  or  the  inspector  assigned  to  supervision  of 
such  work. 

Applications  for  special  permits. 

Section  24.  All  applications  for  special  permits  to  make 
excavation  in  any  street,  alley  or  pulilic  grounds  for  the  laying 
of  water  service  or  sewer  pipes,  shall  be  assigned  hj  the  master 
plumber  or  drain  layer  proposing  to  do  such  work,  and  by  the 
owner,  agent  or  lessee  of  the  premises  to  be  improved,  and  shall 
show  the  street,  lot,  block  and  house  number,  if  any,  where  the 
proposed  excavation  is  to  be  made;  and  if  any  cut  or  excavation 
is  made  at  any  point  other  than  that  described  in  the  appHcation 
for  the  permit,  the  party  making  such  application  shall  be  liable 
the  same  as  if  no  permit  had  been  issued.  All  licensed  persons 
or  corporations  maki]:ig  any  excavation  in  any  street,  alley  or 
]5ublic  grounds  of  the  city  foi'  water  service  or  sewer  pipes,  or 
making  repairs  to  same,  shall  leave  notice  at  the  office  of  the 
officer  having  the  superintendence  and  inspection  of  such  work, 
when  the  same  will  be  ready  for  inspection,  and  if  such  excavation 
is  in  any  paved  street  or  alley,  the  same  must  not  be  covered  up 
until  the  same  has  been  inspected. 

Water  pipe  service. 

Section  25.  No  water  pipe  service  or  extension  of  any  kind 
shall  be  made  by  any  licensed  person  or  corporation  without  hav- 
ing first  obtained  a  permit  to  make  such  connection  or  extension 
from  the  city  engineer  and  the  proper  water  works  company, 
and  no  work  shall  be  done  under  such  permit  ])ef()r(>  leaving  notice 
at  the  office  of  the  city  engineer. 

When  the  plumbing  in  any  new  l)uihliiig  h;is  Ix'cn  completed, 
it  shall  be  the  duty  of  the  master  ])hiinl)cr  to  stml  off  the  watei' 
and  leave  it  tui'ned   off. 

All  master  plumbers  sludl  witliiii  twenty-foui-  houi's  aflci' 
tlie  com])letion  of  any  water  service  make  a  com])lete  cHagram 
of  the  work,  showing  location  of  all  sto])-boxes  and  sei'Aice-pi))es 
and  j'eturn  one  copy  of  the  same  to  tlic  city  engi)ieer  and  one 
copy  to  the  proper  water  works  company. 

No  water  service  ])ipes  in  any  street,  alley  or  pubHc  gcoiinds 
of  the  city  shall  be  laid  less  than  six  feet  und(>r  ground,  and   no 


438  REVISED    ORDINANCES. 

service  pipe  shall  be  put  in  or  considered  complete  without  a 
good  and  substantial  stop  and  waste  cock,  to  be  placed  inside  the' 
premises  where  most  available  in  case  of  accidents;  and  as  further 
protection  a  good  and  substantial  curb-cock,  with  iron  stop- 
box  attached  near  the  curb  line.  All  such  boxes  to  be  the  same 
length  as  the  depth  of  the  trench,  and  all  such  boxes  shall  be  left 
flush  with  the  surface  of  the  ground,  and  in  no  case  project  above 
the  level  of  the  sidewalk. 

Gas  pipes — how  laid. 

Section  26.  No  gas  pipe  shall  be  laid  in  the  same  trench 
with  sewer  or  water  pipes  in  any  street,  alley  or  public  grounds 
in  the  city  of  Omaha,  or  nearer  than  three  feet  to  any  water  or 
sewer  pipes. 

Water  or  sewer  pipes. 

Section  27.  All  work  in  connection  with  water  or  sewer 
pipes  performed  by  any  person  or  corporation  shall  be  done  under 
and  in  compliance  with  the  direction  of  the  officer  having  the 
superintendence  or  inspection  of  such  work,  and  in  conformity 
to  the  rules  and  regulations  hereto  attached,  or  such  additional 
rules  or  regulations  as  may  be  adopted  or  approved  by  the  mayor 
and  city  council.  Violation  of  any  of  said  rules  or  regulations 
or  of  the  direction  of  such  officer  or  inspector  shall  be  cause  for 
suspension  by  the  city  engineer  of  the  license  of  tlie  offender  in 
addition  to  any  penalty  that  may  be  imposed  under  any  ordinance, 
and  such  suspension  shall  operate  until  restored  by  the  city  en- 
gineer, or  overruled  by  the  city  council,  nor  shall  such  suspension 
give  the  offending  party  a  right  to  a  return  of  any  money  paid 
for  license. 

Bursting  of  water  pipe. 

Section  28.  The  breaking  or  bursting  of  an}'  water  pipe 
at  or  near  any  street  or  alley,  so  as  to  cause  a  leakage  or  flow  of 
water  into,  upon  or  under  such  street  or  alley,  shall  be  and  hereby 
is  declared  to  be  a  nuisance.  In  case  of  a  break  in  or  near  any 
water  service  in  any  street,  alley  or  public  ground,  so  as  to  in 
any  manner  injure  the  same,  it  shall  be  the  duty  of  the  officer 
having  charge  or  inspection  thereof  to  notify  the  lot  owner,  his 
agent  or  lessee  to  cause  the  same  to  be  repaired  at  once.  In  the 
event  of  the  refusal  of  the  lot  owner,  agent  or  lessee  to  repair  the 


REVISKD    ORDINANCES.  .      439 

same,  or  if  such  owner,  agent  or  lessee  cannot  be  found,  then  it 
shall  be  the  duty  of  such  officer  to  employ  a  licensed  master  plumber 
to  turn  off  the  water  at  the  corporation  cock  and  leave  the  same 
turned  off,  until  the  said  lot  owner,  agent  or  lessee,  or  some  per- 
son or  persons  representing  the  same,  shall  assume  in  writing  all 
the  liability  incurred  and  damages  sustained  by  reason  of  such 
break,  and  agree  and  bind  themselves  in  wTiting  to  be  and  be- 
come responsible  for  the  cost  of  repairing  the  same,  and  all  thereof, 
before  the  water  shall  again  be  turned  on. 

In  case  of  the  continued  neglect  and  refusal  of  said  parties, 
owners,  agents  or  lessees,  to  repair  or  cause  to  be  repaired  such 
break  or  injury  in  the  water  service  as  is  herein  or  hereby  con- 
templated, the  officer  whose  duty  it  is  or  may  be  to  have  charge 
of  inspection  thereof  shall  at  once  proceed  to  repair  and  I'eplace 
said  break,  and  any  and  all  injury  or  damage  caused  by  the  same, 
by  competent  workmen  which  he  shall  employ  for  that  purpose, 
and  on  completion  of  such  work  or  repair  he  shall  render  or  cause 
to  be  rendered  to  the  owner,  agent  or  lessee,  an  itemized  bill  for 
such  work  and  repair,  and  in  case  of  refusal  or  neglect  for  thirty 
(30)  days  to  fully  pay  or  adjust  the  same,  the  same  shall  be  by 
such  officer  in  charge  reported  to  the  city  council,  and  the  said 
city  council  shall  thereupon,  by  ordinance,  proceed  to  levy  a 
special  tax  against  the  property  or  properties  involved,  which 
shall  be  and  become  a  lien  against  the  same,  and  shall  be  collected 
as  other  special  taxes. 

Gas  and  water  pipes — Bonds. 

Section  29.  Where  gas  or  water  pipes  shall  be  laid  or  re- 
paired in  any  street,  alley  or  public  grounds  of  the  city  by  the  gas 
or  water  companies,  such  work  shall  be  done  onh^  under  permits 
from  the  city  engineer,  who  shall  cause  a  duplicate  permit  to  be 
filed  with  the  inspectors  of  plumbing  and  sewers.  The  city  engi- 
neer shall  designate  the  location  of  such  pipe  lines  and  specify  the 
time  when  such  work  shall  be  done;  and  the  officer  having  charge 
or  inspection  of  such  work  shall  have  the  same  power  in  enforc- 
ing the  proper  execution  of  such  work  and  the  repairing  of  streets, 
alleys,  or  public  grounds,  as  is  provided  in  case  of  master  i)lumbers, 
and  the  agents  or  employes  of  said  companies  shall  be  liable  to 
the  same  penalties  for  violating  the  provisions  hereof  as  would  be 
such   master  plumbers. 

All  gas  or  water  companies  shall  fui-nish  annually,  bonds  in 
The  sum  of  not  less  than  fifteen  thousand  ($15,000)  dollars,  with 


440  REVISED    ORDINANCES. 

two  good  and  sufficient  sureties  who  justify  that  they  are  each 
worth  the  sum  of  fifteen  thousand  ($15,000)  dollars  over  and 
above  all  debts,  liabilities  and  exemptions,  which  bond  shall  be 
approved  by  the  city  council  and  shall  be  to  protect  and  secure 
the  city  against  all  damages  arising  from  any  negligence  in  the 
execution  of  work,  in  the  defective  nature  of  material  used  in  such 
work,  or  from  violation  of  any  of  the  provisions  of  any  of  the  ordi- 
nances of  the  city. 

Tt  shall  be  and  hereby  is  made  the  duty  of  all  gas  companies 
and  water  companies  owning,using  or  operating  any  pipe  line  or 
main  in  any  street  within  any  paving  district  now  or  hereafter 
created,  upon  the  same  being  ordered  paved  or  re-paved,  and  be- 
fore the  time  fixed  for  commencing  such  paving  or  re-paving,  to 
cause  gas  and  water  connections  to  be  made  in  front  of  each  block 
abutting  u])()ii  that  portion  of  the  street  ordered  paved  or  re- 
paved,  from  such  ])ipe  line  or  main  to  a  point  within  the  curb 
line  so  as  to  furnish  aiul  provide  each  lot  in  such  blocks  with  a 
sufficient  supply  of  gas  and  water  and  in  such  a  manner  as  to  do 
away  with  the  necessit}^  of  thereafter  opening  or  tearing  up  the 
]3avement  in  tlie  street  to  obtain  such  supply  of  gas  or  water. 

Notice  of  paving. 

Section  30.  Whenever  a  street  or  alley,  or  part  thereof, 
shall  be  or  is  about  to  be  put  under  contract  for  paving  or  re- 
paving,  ^the  city  engineer  shall  notify  the  resident  property  owners, 
agents  or  lessees  on  said  street  or  alley,  and  also  all  water  and  gas 
companies,  l^y  publication  or  otherwise,  of  the  purpose  to  pave, 
and  that  gas,  water  and  sewer  connection  must  be  made  prior  to 
the  paving  or  re-paving  of  the  said  street  or  alley.  Said  notice 
to  1)e  issued  at  least  twenty  days  prior  to  the  beginning  of  oper- 
ations by  the  party  having  the  work  under  contract  for  paving; 
said  notices  to  state  by  what  date  the  coniiections  must  be  made 
and  excavations  completed,  after  expiration  of  wdiich  time,  per- 
mits for  excavations  will  not  be  issued,  until  after  the  completion 
of  the  pavement  in  said  street  or  alley  and  its  formal  and  final 
acceptance  by  the  proper  official  of  the  city. 

Rules. 

Section  31.  The  following  rules  and  regulations  are  hereby 
adopted  and  api)roved,  to-wit: 


REVISED    ORDINANCES.  441 

Application  to  make  excavations. 

Rule  1.  All  applications  to  make  excavations  in  the  public 
streets,  alleys  or  public  grounds  of  the  city  of  Omaha  by  water  or 
gas  companies  shall  be  filed  with  the  chairman  of  the  board  of 
public  works,  and  all  applications  of  master  plumbers  or  drain 
layers  shall  be  filed  with  the  city  engineer  twenty-four  (24)  hours 
before  the  issuance  of  permits,  except  in  the  case  of  accidents 
requiring  prompt  attention. 

Sewer  pipes — How  laid. 

Rule  2.  Master  ])lumbers  or  drain  layers  will  be  recpiired 
to  keep  on  hand  a  spirit  level,  in  proper  order,  where  work  is  be- 
ing done  for  connecting  with  public  sewers,  and  their  return  must- 
show  the  actual  depth  below  surface  and  fall  per  foot  to  which 
their  pipes  have  been  laid.  No  pipes  shall  be  laid  to  connect 
with  public  sewers  with  a  less  fall  than  one-fourth  of  an  inch  per 
foot.  On  the  combined  system  of  sewers  the  trap  shall  be  arranged 
under  the  direction  of  the  inspector  assigned  on  duty. 

Sewer  connections. 

Rule  3.  All  connections  with  public  or  private  sewers  or 
cesspools  must  be  made  with  the  best  quality  of  vitrified  sewer 
pipe,  laid  without  reducers  to  a  uniform  grade  with  gasket  joints 
in  cement  mortar,  and  in  good  workmanlike  manner. 

Sewer  Connections — how  to  be  made. 

Rule  4.  All  sewer  pipe  connections  shall  be  by  "Y's"  and 
not  "T's". 

Throwing  rubbish  into  sewer  unlawful. 

Rule  5.  No  one  shall  tlirow  or  deposit,  or  cause  or  permit 
to  be  thrown  or  deposited,  in  any  vessel  or  receptacle  connected 
with  a  public  sewer,  garbage,  hair,  ashes,  fruit,  or  vegetables, 
peelings,  refuse,  rags,  sticks,  cinders  or  any  other  matter  or  thing 
whatever,  except  human  excrement,  urine,  the  necessary  closet 
paper,  liquid  house-slop  and  elevator  water. 

Stop-boxes. 

Section  32.  Whenever  by  reason  of  a  change  of  grade  or 
otherwise  any  stop-box  of  water  shall  become  above  or  below  the 
U^vel  of  the  sidewalk  the  owner  of  the  property  abbutting  the 


442  REVISED    ORDINANCES. 

same  shall  within  twenty-four  hours  after  receiving  notice  from 
the  proper  officer  cause  the  stop-box  to  be  made  flush  with  the 
sidewalk.  The  gas  company  shall,  after  receiving  like  notice, 
cause  any  stop-box  for  gas  in  any  street  or  alley  that  may  be 
above  or  below^  the  level  of  the  sidewalk,  to  be  brought  flush  with 
such  walk  as  in  the  case  with  property  owners. 

No  person,  firm  or  corporation  shall  in  any  manner  interfere 
with  any  water  or  gas  stop-box  in  any  street,  alley  or  public  ground 
of  the  city,  without  authority  to  do  so. 

Permit. 

Section  33.  It  is  hereby  declared  to  be  and  is  made  unlaw- 
ful for  any  person,  parties  or  corporations,  to  make  any  excavations, 
or  to  do  any  grading,  or  to  lay  pipes,  construct  sewers  or  other 
structures  upon,  under  or  over  any  street,  alley  or  the  public 
grounds  of  the  city,  without  first  obtaining  a  written  permit 
therefor. 

License. 

Section  34.  No  person  or  corporation,  shall  do  any  grading 
or  make  any  excavation  upon  the  streets,  alleys  or  other  public 
grounds  for  the  laying  of  pipes,  construction  of  sewers  or  con- 
duits or  other  structures   unless   duly  licensed   therefor. 

Classes  of  license. 

Section  35.  Licenses  for  the  work  enumerated  in  section 
34  shall  comprise  two  classes: 

Class  1  shall  comprise  only  drain  laying  and  sewer  connection 
work. 

Class  2  shall  embrace  drain  laying  and  sewer  work;  also  all 
classes  of  pipe  laying  in  connection  with  gas,  water  and  other 
works  together  with  the  plumbing  work  in  buildings. 

License  fee. 

Section  36.  Appficants  for  license  must  be  of  good  repute 
and  be  qualified  from  practical  experience  for  the  respective  classes 
of  work  for  which  hcense  shall  be  asked.  A  fee  of  one  ($1) 
dollar  must  be  paid  to  the  city  treasurer,  together  with  a  deposit 
of  fifty  (S50)  dollars  as  security  for  restoration  of  the  street  to  a 
proper  condition,  before  a  license  shall  be  issued  to  any  party  un- 
der either  classification;  the  deposit  to  be  drawn     against  by  the 


f 


REVISED    ORDINANCES.  443 

city  enginder  to  pay  for  the  restoration  of  a  street  to  a  similar 
condition  to  that  in  which  it  existed  prior  to  the  issuance  of  any 
permit.  When  the  whole  or  j)art  of  such  deposit  shall  have  been 
exhausted,  the  original  deposit  must  be  made  good  before  any 
new  permit  shall  be  issued  to  such  licensee.  In  adition  to  the  li- 
cense fee  and  deposit  herein1)efore  named,  every  apphcation  must 
be  accompanied  by  a  good  and  sufficient  bond  in  the  sum  of  one 
thousand  ($1,000)  dollars  signed  by  at  least  two  (2)  sureties,  to  pro- 
tect the  city  against  any  damages  that  may  arise  by  the  neghgence 
of  the  licensee,  and  for  the  honest  and  faithful  execution  of  work 
in  conformity  to  plans  and  rules  and  regulations  of  the  city. 
Such  bond  shall  be  approved  by  the  city  engineer,  the  mayor 
and  city  council  before  hcehse  shall  be  issued.  All  licenses  shall 
expire  on   December  31st  of  each  year. 

Deposits. 

Section  37.  The  city  treasurer  shall  keep  an  accurate 
account  of  license  deposits,  and  all  drafts  by  the  city  engineer 
against  such  deposits  must  contain  the  name  of  the  contractor 
who  performed  the  work,  the  name  of  the  hcensee  and  number 
of  permit,  for  the  rectification  of  which  such  draft  is  made. 

Upon  the  expiration  of  the  term  of  each  hcense,  or  in  the 
event  of  retirement  from  business,  the  treasurer  shall  return  all 
balances  to  the  credit  of  hcensees,  conditioned  upon  the  certifi- 
cation of  the  city  engineer,  that  the  streets  upon  which  permits 
have  been  issued  have   been  satisfactorily  repaired. 

Permits — Receipts. 

Section  38.  All  permits  for  work  upon  streets  or  public 
grounds  shall  be  issued  by  the  city  engineer;  such  permits  shall 
not  extend  beyond  the  period  ending  December  31st  of  each  year; 
all  incomplete  work  of  the  year  to  be  continued  under  a  renewal 
permit  of  the  following  year.  Applications  for  permits  for  sewer 
connections  shall  be  accompanied  with  a  receipt  from  the  city 
treasurer  in  the  sum  of  two  ($2)  dollars  to  cover  the  cost  of  setting 
stakes  for  lines  and  grades  from  the  house  soil  pipe  to  the  sewer, 
and  the  inspection  of  said  work;  where  connections  have  pre^dous- 
ly  been  made  from  the  sewer  to  the  property  line,  a  fee  of  only 
one  ($1)  dollar  shall  be  exacted.  No  work  in  connection  with 
sewers  upon  the  streets,  alleys  or  public  grounds  shall  be  begun 
until  stakes  shall  have  been  set  by  the  city  engineering  department, 
designating  the  lines  of  such  sewer  and  the  grade  therefor. 


444  R?:VISED    ORDIN.iNCES. 

Character. 

»5ectioii  39.  All  work  relating  to  sewer  construction  and 
connections  shall  be  of  a  sul^stantial  character  and  be  conducted 
under  the  same  general  provisions  and  regulations  as  shall  be 
specified  in  the  approved  printed  specifications  for  sewer  work 
prepared  by  the  city  engineer,  and  such  other  provisions  as  shall 
be  contained  in  rules  and  regulations  for  such  work  as  may  be  pre- 
pared by  the  city  engineer  and  approved  by  the  mayor  and  city 
council. 

Work  on  streets — Permit. 

Section  40.  It  is  herel^y  declared  unlawful  for  any  person, 
firm,  corporation,  or  contractor,  whether  operating  under  a  fran- 
chise or  contract  or  not,  to  hereafter  disturl)  or  do  any  work 
construction,  reconstruction  or  repair,  within  any  street,  alley 
or  public  highway  or  sidewalk  within  the  city  of  Omaha  reciuiring 
the  disturbance  of  the  street  surface  or  the  ground  beneath  the 
surface  without  a  permit  therefor  from  the  city  engineer  in  pur- 
suance of  a  written  application  therefor,  such  apphcation  to  specify 
the  location,  extent  and  character  of  the  work  proposed  to  be  done 
and  the  time  when  it  is  to  be  done. 

Application. 

Section  41.  I'pon  receipt  of  each  application  it  shall  be  the 
duty  of  the  city  engineer  to  furnish  the  apphcant  with  an  esti- 
mate of  the  cost  of  restoring  such  disturbed  section  of  the  street 
or  sidewalk  to  its  original  condition  and  thereupon  such  applicant 
shall' pay  to  the  city  treasurer  such  estimated  cost,  which  sum 
shall  be  deposited  in  the  curbing,  guttering  and  paving  fund, 
and  it  shall  be  the  duty  of  the  treasurer  to  issue  duplicate  receipts 
for  each  of  such  payments,  and  upon  the  fifing  of  one  of  said  re- 
ceipts with  the  city  engineer  he  shall  issue  a  permit  for  said  work. 

Bonds. 

Section  42.  No  permit  shall  be  issued  for  disturbing  anj^ 
street,  alley,  w^alk,  public  highway  or  grounds  to  any  person, 
firm,  corporation  or  contractor,  not  holding  and  having  a  fran- 
chise, license  or  contract  for  which  satisfactory  bonds  have  been 
given  to  protect  and  hold  the  city  harmless  against  their  careless- 
ness and  neglect,  and  otherwise  do  and  perform  all  such  acts  as 
the  ordinances  of  the  city  and  provisions  of  contract  require. 


REVISED    ORDINANCES.  445 

Franchise — Corporations. 

Section  43.  The  city  engineer  may  issue  such  permits  with- 
out the  payment  of  money  to  the  treasurer  as  herein  provided 
in  cases  where  the  city  has  account  with  franchised  corporations 
or  Hcensees;  but  the  charges  for  the  restoration  of  the  streets  or 
other  pubhc  highways,  allej^s,  walks  or  pubhc  grounds  shall  be 
certified  monthly  by  the  city  engineer  to  the  city  comptroller 
and  be  by  him  deducted  from  the  accounts  of  such  parties  monthly. 
In  all  cases  of  restoring  the  paved  surfaces  of  streets,  alleys,  pub- 
lic highways  or  grounds,  except  the  space  between  street  railway 
tracks,  svich  restoration  shall  only  be  done  by  the  city  and  charged 
at  the  prices  hereinafter  specified  and  where  no  prices  are  named 
then  at  the  actual  cost,  including  inspection  and  supervision, 
certified  by  the  city  engineer.  The  restoration  of  pavements 
embraced  in  maintenance  contracts  shall,  however,  be  done  by 
the  contracting  party  obligated  to  maintain  the  pavement  dur- 
ing the  period  of  such  obligation  and  the  prices  to  oe  paid  shall 
be  those  designated  in  the  paving  contract. 

Deposit. 

Section  44.  Whenever  any  street  railway  company  or  a 
person  or  firm  operating  a  street  railway  within  the  city,  shall 
he  given  a  permit  to  do  any  work  requiring  the  disturbance  of 
any  portion  of  any  space  outside  of  the  rails  of  the  tracks  operated 
by  them,  the  city  engineer  shall  cause  the  repair  or  restoration 
of  the  paved  surface  outside  of  said  tracks  and  the  cost  thereof 
including  inspection  and  supervision  shall  be  certified  monthly 
to  the  city  treasurer,  who  upon  receipt  of  such  statement  shall 
notify  the  owners  or  managers  of  such  street  railway  to  deposit 
such  amount  with  the  city  treasurer,  which  shall  be  placed  in 
the  curbing,  guttering  and  paving  fund  as  hereinbefore  provided 
and  no  further  permits  shall  thereinafter  be  issued  to  such  street 
railway  until  such  deposit  shall  have  been  made. 

Trenches. 

Section  45.  ^^■hen('v(M■  ])oiniit  is  given  for  disturbing  the 
streets,  alleys  or  other  public  highways,  for  trenching  to  any  cor- 
poration, firm  or  person  for  sewer  or  water  connections,  such 
trenches  shall  have  bulk-heads  ol"  tainpcMl  sand  or  tiravel  not  less 
than  four  i'eet  long  and  six  inches  wider,  three  on  each  side, 
than   the  other  j)ortion   of  tiie  trench    iit    the    point    of    junction 


446  REVISED    ORDINANCES. 

or  cap.  All  trenches  shall  be  well  and  thonighly  tamped  to 
prevent  settlement  and  if  any  trench  shall  settle  and  cause  the 
pavement  laid  over  the  same  to  sink  on  account  of  ne.glect  to 
tamp  such  trenching,  at  any  time  within  one  year,  if  it  be  a 
trench  for  water,  sewer  or  other  connection  and  at  all  times  in  the 
case  of  gas,  water  or  other  conduits  operated  under  a  franchise, 
such  pavement  shall  be  restored  at  tlie  expense  of  the  parties  to 
whom  permit  was  originally  issued. 

Post  holes. 

Section  46.  It  shall  be  unlaAvful  for  any  person,  firm  or 
corporation  to  excavate  holes  for  posts,  telegraph,  telepho)ie, 
electric  light  or  other  poles  upon  the  streets,  alleys  or  walks  or 
public  highways  of  the  city,  without  a  permit  from  the  city  engi- 
neer, to  be  issued  in  the  same  manner  and  under  like  conditions 
as  provided  for  elsewhere  for  paved  surfaces  and  all  pavements 
or  walks  so  disturbed  shall  be  repaired  and  restored  to  proper 
condition  at  the  expense  of  the  parties  making  such  application. 
All  old  abandoned  poles  shall  be  taken  up  and  the  holes  properly 
refilled  and  the  surface  replaced  at  the  expense  of  the  party  orig- 
inally owning  the  same.  The  pavement  over  all  conduits  for 
wires  and  cables  shall  be  restored  by  the  city  at  the  cost  of  the 
owners  of  same  and  the  cost  of  all  repaving  or  restoration  of  walks 
shall  include  the  cost  of  inspecting  the  construction  of  such  work, 
which  nmst  in  each  case  be  such  as  to  admit  of  proper  repaving 
in  as  good  manner  as  if  such  conduits  and  adjuncts  thereto  had 
not     been     laid     and     constructed. 

Leakage. 

Section  47.  Whenever  a  leakage  of  water  or  gas  shall  be 
discovered  in  any  street,  alley  public  highway  or  ground,  the 
city  engineer  shall  notify  the  water  or  gas  company  of  such  leakage 
and  it  shall  thereupon  be  their  duty  to  shut  off  the  water  or  gas 
from  siich  defective  pipe  or  conduit,  and  if  the  defect  shall 
be  found  to  exist  in  any  pipe  belonging  to  the  water  or  gas  compah}' 
it  shall  be  their  duty  to  take  out  a  ])ermit  for  the  necessary  work 
and  cause  the  immediate  repair  or  replacement  of  such  defect, 
and  thereafter,  as  herein  elsewhere  piovided,  the  city  shall  restore 
the  paved  surface  at  the  expense  of  the  firms,  corporations  or 
persons  owning  said  water  or  gas  mains.  If  the  defects  shall  be 
found  to  exist  in  pives  or  conduits  belonging  to  ])atro2is  of  such 


REVISED    ORDINANCES.  447 

supph'  mains,  then  the  repairs  shall  be  done  by  the  city  at  the 
cost  of  said  owners  and  no  water  or  gas  shall  be  turned  on  to  such 
service  until  ordered  in  writing  by  the  city  engineer,  which  shall 
be  only  done  after  the  cost  of  the  repairs  ami  restoration  of  paved 
surface  shall  have  been  paid  to  the  city  treasurer. 

Valve  or  meter-box. 

Section  48.  It  shall  be  and  is  hereby  niatle  unlawful  for 
any  person  corporation  or  firm  to  construct  any  valve  or  meter 
box  or  well,  or  any  other  adjunct  within  the  street  or  walks  of 
any  other  than  permanent  suitable  material,  such  as  iron,  stone, 
brick,  artificial  stone  or  other  composite  stable  material,  and  the 
plans  thereof  shall  be  filed  in  the  office  of  and  be  approved  by 
the  city  engineer  before  such  construction  or  erection  shall  be 
permitted,  and  not  then  unless  embraced  in  an  application  for 
a  permit  for  such  work. 

Schedule. 

Sectio]!  4'9.  The  following  schedule  of  prices  shall  consti- 
tute the  basis  of  charges  for  repairing  of  pavements  and  sidewalks 
in   the  city  of  Omaha: 

Concrete  base,  per  cubic  yard SS  .00 

Sand ]  .  20 

Surfaces  in  t[uantities  of  ten  square  yards  or  less: 

Brick,  brick  block  or  stone  relaid,  per  square  yard SO. 30 

Brick,  furnished  and  laid 1 .40 

Brick  block  or  sandstone,  furnished  and  laid 1 .60 

Asphalt,   one  inch  thick,   ]ier  square  yard 1  .25 

Asphalt,  one  and  one-half  inches  tliick,  per  square  yard..  1  .(iO 

Asphaltic  concrete,  per  cubic  yard 8 .00 

Broken  stone,  per'ciil)ic  yard 2  .50 

In  ([uantities  for  surfaces  exceeding  10  square  }-ar(ls  and  not 
more  than  25  yards,  15  per  cent  discount  fi-oni  al)()ve;  for  more 
than  25  yards,  20  per  cent  discount  from  al)ove;  all  work  em- 
braced in  districts  under  maintenance  contracts  will  lie  done  dur- 
ing pendancy  of  such  contracts  ])y  tlic  guarantoi's  at  llic  slipulatcd 
prices  of  contract. 


448  REVISED    OllDINANCES. 

Permits,  contain  what. 

Section  50.  The  permits  furnished  l)v  the  city  engineer 
shall  be  on  cards.  Each  card  shall  be  consecntiveh'  numbered 
and  shall  contain  the  name  of  the  party  authorized  to  use  the 
same,  the  time  limits  within  which  the  same  may  be  used  and 
the  location  and  nature  of  the  work  to  be  done,  and  it  shall  be  the 
duty  of  the  party  procuring  s\ich  permit  to  place  tlie  same  with 
the  person  authorized  to  direct  and  conduct  the  work,  and  it  shall 
be  the  duty  of  every  policeman  who  shall  see  an}^  work  of  excava- 
tion, erection,  construction  or  modification  or  disturbance  of  the 
street  to  demand  the  exhibit  of  the  permit  card  and  to  take  a 
note  of  the  numVjer  thereof.  He  shall  arrest  any  person  engaged 
upon  any  work  herein  referred  to  if  such  card  permit  is  not  shown 
upon  demand  and  cause  the  work  to  be  stopped  forthwith,  and  it 
shall  be  the  duty  of  any  person  entrusted  with  the  charge  of  work 
upon,  under  or  over  the  streets,  alleys  or  other  highways  or  walks 
to  show  their  permits  when  requested  by  any  policeman  or  officer 
of  the  city  authorized  to  supervise  public  work. 

Penalty. 

Section  51.  Any  person,  company,  firm  or  corporation 
who  shall  fail,  neglect, or  refuse  to  comply  with  or  shall  violate  any 
of  the  requii'ements  or  provisions  of  the  last  preceding  eleven 
sections  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  five  nor  more  than 
one  hundred  dollars  for  each  offense  or  shall  be  imprisoned  for 
not  exceeding  thirty  days  in  the  city  jail,  or  both,  in  the  discretion 
of  the  court,  and  if  the  guilty  party  be  a  licensed  drain  layer  or 
plumber,  the  license  may  be  declared  forfeited. 

Sidewalks. 

Section  52.  It  shall  be  unlawful  for  any  person  or  corpo- 
ration to  construct  any  sidewalks  in  the  city  without  first  having 
a  permit  therefore  from  the  city  engineer.  The  application  for 
such  permit  shall  state  the  kind  of  walk  proposed  to  lie  laid  and 
its  width,  together  with  the  name  of  the  owner  of  the  continvi- 
ous  lot  or  grounds.  The  permit  shall  contain  on  its  back  the 
specifications  governing  the  construction  of  the  kind  of  walk  to 
be  built,  and  state  the  distance  the  outer  edge  of  sidewalk  shall 
be  laid  from  the  outer  edge  of  curb  line,  and  where  no  curb  is 
set  the  city  engineering  department  shall  stake  out  the  lines  and 
grades  for  such  walks  without  cost  to  the  property  owners. 


REVISED    ORDINANCES.  449 

Defacing  curbing. 

Section  53.  It  shall  be  unlawful  for  any  person  or  corpora- 
tion to  cut  or  deface  any  curbing,  or  to  place  bridgino-  over  the 
curb  into  the  gutter  of  any  street. 

For  the  purpose  of  entrance  into  private  grounds  or  build- 
ings only  driveways  will  be  permitted,  such  driveways  to  be  con- 
structed onh"  under  permit  from  the  city  engineer  and  in  con- 
formity to  the  approved  rules  governing  such  work. 

Trees. 

Section  54.  l^^efore  any  trees  shall  be  planted  upon  the 
streets,  alleys  or  other  public  grounds  of  the  city,  excepting  where 
done  under  the  supervision  of  the  park  commissioners  a  permit 
therefor  shall  be  obtained  from  the  city  engineer.  Such  permit 
shall  be  in  pursuance  of  the  approved  regulations  of  the  city  engi- 
neer, relating  to  such  work  upon  the  particular  street.  Such  per- 
mit shall  designate  the  kind  of  trees  to  be  planted,  their  respective 
location  in  reference  to  curb  lines,  and  the  distance  they  shall  be 
apart. 

Permits  subject  to  what„ 

Section  55.  It  shall  be  the  duty  of  the  building  inspector 
when  granting  ])uil(ling  permits,  to  issue  them  subject  to  the  pro- 
visions of  street  permits  from  the  city  engineer  for  the  storage 
of  building  materials  upon  the  public  streets.  Such  storage  shall 
disconunode  the  public  as  little  as  possible.  Under  no  circum- 
stances shall  any  material  be  allowed  to  be  placed  so  as  to  obstruct 
drainage  in  the  gutters.  The  ])ermit  shall  further  provide  for 
protection  against  accidents,  and  reciuirc  red  lights  or  other  sig- 
nals to  be  placed  at  night  by  the  builders  or  ])r()perty  owners 
during  the  period  of  occupancy  by  them. 

Penalty. 

Section  56.  Any  jx-rson.  lii-m  or  (•()r])oration  who  shall 
\iolate  any  of  the  provisions  ()f  Sections  33  to  39  inchisi\-e  or 
52  to  55  inclusive  of  this  chapter  or  who  shall  refuse  oi-  neglect 
to  comply  with  any  of  the  provisions  of  said  sections,  sliall  be 
deemed  guilty  of  a  misdemeanor,  and  u])oii  (-(nuiction  thereof, 
shall  be  fined  in  any  sum  nol  exceeding  one  huii(h'ed  ';!'';i()().) 
dollars  and  in  addition  thereto,  in  the  disci-etion  of  the  couit. 
may  be  imprisoned   not  exceeding  tliiiiy  (.')())  (hi\-s. 


450 


REVISED    DKDIiWNCES. 


Boulevards — For   light   driving   only. 

Section  57.  From  and  after  the  passage  and  approval  of 
this  ordinance,  or  as  soon  as  streets,  avenues  or  grounds  have 
been  dedicated  or  dechired  by  the  city  council  for  use  as  park 
Avays  or  boulevards,  they  shall  be  used  for  light  driving,  and  on 
and  after  said  day  it  shall  be  unlawful  to  do  or  cause  to  be  done 
any  heavy  hauhng  on  said  streets,  avenues  or  grounds,  or  to  use 
the  same  for  wagons,  drays,  or  other  vehicles  carrying  coal, 
lumber,  hay,  iron,  machinery,  ice,  merchandise,  farmers'  produce, 
stone,  brick,  sand,  dirt  or  earth,  building  materials,  baggage  or 
express  matter,  or  other  heavy  merchandise,  products  or  materials 
Avhatsoever,  or  for  driving  cattle,  horses,  mules  or  hogs  in  droves 
or  herds,  or  for  the  passage  of  empty  drays,  wagons,  trucks  or 
vehicles  not  having  springs:  Provided  however,  that  nothing 
herein  contained  shall  be  construed  to  restrict  the  right  to  cross 
at  intersecting  streets,  the  parkways  or  boulevards,  or  to  use 
the  same  within  and  to  the  extent  of  one  block  for  the  delivery 
of  building  material,  coal,  baggage,  merchandise,  and  farmers' 
products,  at  premises  in  the  block  abutting  the  parkway  or  boule- 
vard where  so  used;  Provided,  however,  said  vehicles  shall  not 
be  driven  thereon  at  a  greater  speed  than  an  ordinary  walk. 

Penalty. 

Section  58.  Any  person  violating  the  provisions  of  the 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereon  shall  be  fined  not  less  than  five  ($5.00)  dollars 
nor  more  than  twenty-five  ($25.00)   dollars  for  each  offense. 

Police — Duty  of. 

Section  59.  It  shall  be  the  duty  of  the  pohce  force  of  the 
city  to  enforce  sections  57  to  61  both  inclusive  of  this  chapter, 
and   to   arrest   all   persons   found  violating  the  same. 

House  moving. 

Section  60.  No  person  shall  l^e  pei-mitted  to  move  any  house 
or  building  in,  along  or  across  any  of  said  parkways  or 
boulevards  except  under  the  following  circumstances: 

1st.  A  person  having  a  permit  from  the  city  of  Omaha  to 
move  a  frame  building  along  a  street  Avhich  intersects  a  parkway 
or  boulevard  under  the  control  of  the  park  commissioners  may 
obtain   a  permit   to   move  the  same  across  the  said  parkway  or 


REVISED    ORDINANCES.  451 

boulevard  upon  depositing  with  the  secretary  of  said  park  com- 
missioners such  a  sum  of  money  not  exceeding  two  hundred  dollars 
in  any  one  case,  as  shall  be  sufficient  to  cover  all  jiossible  damages 
to  the  parkway  or  boulevard. 

2nd.  A  person  having  a  permit  from  the  city  of  Omaha 
to  move  a  frame  building  located  on  a  lot  which  abuts  upon. a  park- 
way or  boulevard  under  the  control  of  the  park  commissioners, 
may  obtain  a  permit  from  the  secretary  of  said  park  commis- 
sioners to  move  the  said  house  from  the  said  lot  to  the  nearest 
street  corner  to  be  thence  moved  upon  the  intersecting  street, 
upon  depositing  with  the  secretary  such  a  sum  of  money,  not 
exceeding  two  hundred  dollars  in  any  one  case,  as  the  superinten- 
dent of  parks  shall  estimate  will  fully  cover  all  damages  to  the 
sidewalks,  roadways,  grass  plats,  lamp  posts,  trees  and  other  pro- 
perty and  improvements  upon  said  parkway  or  boulevard. 

Said  permit  shall  be  issued  only  upon  the  express  condition 
that  said  moving  shall  be  commenced  and  completed  between 
the  hours  of  1  and  8  a.  m.,  and  that  the  occupancy  of  said  park- 
Avay  or  boulevard  shall  continue  between  said  hours.  After  said 
moving  shall  have  been  completed,  the  roadway,  grass  plats, 
sidewalks,  lamp  posts,"  trees,  and  other  property  and  improve- 
ments shall  be  returned  to  their  former  condition  by  the  employes 
of  the  park  commissioners  under  the  supervision  of  the  superin- 
tendent of  parks.  Said  superintendent  shall  thereupon  certify 
to  the  secretary  of  the  park  commissioners  the  actual  expense 
incurred  in  such  restoration  and  the  secretary  shall  refund  to  the 
person  to  whom  such  permit  shall  have  been  issued  the  difference 
if  any,  between  the  amount  deposited  and  the  amount  so  certi- 
fied by  the  superintendent. 

Section  61.  That  the  preceding  four  sections  sball  ai)i)ly 
to  such  parkways  and  boulevards,  or  such  parts  thereof,  as  may 
from  time  to  time  be  designated  by  tlie  ])ark  commissioners,  as 
said  parkways  or  boulevards  or  parts  thereof  because  improved 
and  require  said  protection  by  the  placing  of  notices,  by  said 
commissioners,  in  conspicuous  places  along  said  pai'kways  or 
boulevards  or  parts  thereof;  such  notices  to  be  deemed  suflicjenl 
notice  to  the  public  of  the  application  of  said  four  sections. 

Alley  Grades. 

Section  iV2.  That  the  grades  of  all  alleys  in  I  he  cily  ol'  (  )inaha 
not  heretofore  established,  be  and  hereby  are  establishcil  asfoUows: 


452  ItKVIShD    Oi;i'IN  A.XCKS. 

Wherever  or  whenever  the  grades  of  the  streets  crossing  any 
alley  is  established  or  shall  be  established,  the  grade  of  said  alley 
shall  be  a  straight  line  from  the  established  grade  of  the  street  at 
one  end  to  the  established  grade  of  the  street  at  the  other  end; 

Provided,  That  the  provisions  of  this  section  shall  not  apply 
to  any  alley,  if  a  niajcn-ity  of  the  property  owners  abbutting  upon 
the  alley  petition  the  city  council,  previous  to  the  grading  of  the 
alley,  to  establish  the  grade  of  said  alley  to  a  different  specified 
grade,  when  the  city  council  may  establish  said  grade,  according 
to  the  petition  of  said  majority  of  the  property  owners. 

Poles  in  street. 

Sectio!!  63.  It  shall  be  unlawful  for  any  person,  or  persons 
copartnership  or  corporation  to  set,  place,  or  erect  any  poles  or 
poles  at  a  greater  distance  than  six  inches  from  the  curb  line,  upon 
or  in  any  street,  avenue  or  ])oidevard  in  the  city  of  Omaha.  Any 
person  or  persons,  copartnership  or  corporation  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  of  not  less 
than  ten  dollars  no  more  than  twenty  dollars. 

Same. 

Section  64.  It  shall  be  unlawful  for  any  person  or  persons, 
copartnershi])  or  corporation  to  keep  and  maintain  any  pole  or 
poles  upon  any  street,  avenue  or  l)oulevard  in  the  city  of  Omaha, 
set  or  placed  at  a  greater  distance  than  six  inches  from  the  curb 
line  thereof,  and  any  person  or  persons,  copartnership  or  corpo- 
ration failing,  neglecting  or  refusing  to  remove  such  pole  or  poles 
for  ten  days  after  being  notified  so  to  do,  shall  he  deemed  guilty 
of  a  misdemeanor  aiul  upon  conviction  thereof  shall  be  fined  in 
a  sum  of  not  less  than  ten  dollars  nor  more  than  twenty  dollars, 
and  each  and  every  day  of  such  failure,  neglect  or  refusal  shall 
be  taken,  held  and  deemed  to  l)e  and  constitute  a  separate  offense. 

Railroad  arc  lights  at  intersections. 

Section  65.  That  each  and  every  person,  comi)any,  or  cor- 
poration, owning  or  operating  a  steam  railway  within  the  city  of 
Omaha,  shall  be  and  is  hereby  required  and  it  shall  be  the  duty 
of  said  person,  company,  or  corporation,  to  light  his  or  its  railway 
track  in  said  eity  by  erecting  and  placing  at  a  suitable  and  usual 
distance  from  the  ground  electric  lam])s,  known  as  arc  lamps,  with 


REVISED    ORDINANCES.  453 

fixtures,  apparatus  and  electricity  necessary  for  furnishing  said 
lamp  with  nominally  two  thousand  candle  power  light,  and  main- 
tain said  lamp  and  provide  such  light  from  sunset  in  the  evening, 
until  sunrise  in  the  morning  of  each  day,  at  each  and  every  inter- 
section of  its  said  railway  track  with  any  street,  avenue,  or  boule- 
vard in  said  city,  Provided;  that  such  person,  company,  or  cor- 
poration, shall  not  be  required  to  erect,  provide,  furnish  and  main- 
tain such  lamp  and  light  until  the  location  of  same  shall  have  l:)een 
designated  l:)y  resolution  of  the  mayor  and  city  coimcil,  which 
resolution  may  be  in  the  following  form,  to- wit: 

"Be  it  Resolved  by  the  City  Council  of  the  City  of  Omaha, 

the    Mayor    Concurring:   That 

he  and  is  hereby  required  and  directed  to  erect,  provide  and  fui- 
nish  an  electric  arc  light  lamp  at  the  intersection  of  the  railway 

tracks    of    said     

with    Street  in   the   City  of 

Omaha,  and  to  maintain  same  in  accordance  with  the  require- 
ments of  ordinance  No of  said  City." 

City  clerk  notify  railroad  company. 

tSection  (36.  Upon  the  passage  and  approval  of  any  reso- 
lution as  provided  in  section  65  hereof,  it  shall  be  the  duty  of  the 
city  clerk  of  the  city  of  Omaha  to  mail,  within  two  days  there 
after,  a  certified  copy  of  such  resolution  to  the  person,  company, 
or  corporation  whose  duty  it  shall  be,  under  said  resolution,  to 
erect,  provide,  furnish  and  maintain  such  lamp,  and  if  any  such 
person,  company,  or  corporation  shall  refuse,  fail,  or  neglect  to 
comply  with  the  requirements  of  such  resolution,  within  thirty 
days  after  the  passage  and  approval  thereof,  it  shall  be  the  duty  of 
the  city  electrician  to  cause  said  lamp  to  be  placed  and  said  light 
to  be  furnished  as  required  by  said  resolution,  the  cost  and  ex- 
pense thereof  to  ])e  assessed  against  the  pei'son,  company,  or  cor- 
poration whose  clut}^  it  was  to  erect,  provide  and  furnish  and  main- 
tain such  lamp  and  light,  such  cost  and  expense  to  constitute 
a  lien  against  any  real  estate  belonging  to  said  pei-s{)ii,('()mi)any, 
or  cor))oration  lying  within  the  city  of  Omaha,  and  to  be  (•oliccled 
ill  tlio  same  manner  as  taxes  for  general  ])urposes. 

Street  names. 

Section  67.  Fliat  the  owner  or  owners  of  (iacli  and  every 
corn(U'  lot  abutting  upon  tin;  interserli(jn  of  any  two  streets  in  the 


454  REVISED    ORDINANCES. 

city  of  Omaha  be  and  hereby  are  required  and  directed  to  have 
constructed  and  placed  in  position  in  a  conspicuous  place  near 
the  corner  of  their  said  lots  nearest  the  point  of  intersection  of 
said  streets  signs  whereon  shall  be  painted  the  names  of  said  inter- 
secting streets.  Said  signs  shall  be  painted  with  black  back- 
grounds, the  names  of  the  streets  to  be  painted  in  white  with  let- 
ters two  and  one-half  inches  long. 


REVISED    ORDINANCES.  455 

CHAPTER  LXXXI. 

STREET  CARS  AND  STEAM  CARS. 

BOYS  JUMPING  ON  CARS. 

Boys  on  steam  cars. 

Section  1.  That  it  shall  be  and  hereby  is  declared  unlawful 
for  any  boys  or  other  persons  to  steal  or  attempt  to  steal  a  ride 
on  any  cars,  trains,  engine  or  engines  operated  by  steam  in  the 
city  of  Omaha,  or  to  ride  or  attempt  to  ride  on  any  such  cars 
with  the  intent  or  purpose  of  avoiding  the  payment  of  fare  to  the 
conductor  thereon,  or  with  such  intent  or  purpose  to  stand  on 
the  top  or  hang  onto  the  sides  or  rear  of  any  such  cars,  trains  or 
engines,  or  in  any  way  get  upon  the  same.  Any  boy  or  other 
person  violating  any  of  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  twenty  ($20)  dollars. 

Duty  of  police  officers. 

Section  2.  It  is  hereby  made  the  duty  of  the  police  officers 
of  the  city  of  Omaha  to  promptly  arrest  and  detain  any  boy  or 
other  person  violating  any  of  the  provisions  of  the  foregoing 
section,  and  it  is  also  hereby  made  the  duty  of  the  conductor  of 
any  cars,  train  or  engines  operated  by  steam  to  secure  and  detain 
any  boy  or  other  person  violating  any  of  said  provisions,  or  to 
take  such  other  action  by  securing  the  name  or  arrest  of  the  of- 
fender as  he  may  have  time,  means  or  opportunity  to  do. 

Boys  on  street  cars. 

Section  3.  That  it  shall  be  and  hereby  is  declared  unlawful 
for  any  boy  or  other  person  to  steal  or  attempt  to  steal  a  ride  on 
any  electric  motor,  cable,  or  other  street  car  in  the  city  of  Omaha 
or  to  ride  or  attempt  to  ride  on  any  such  car  with  the  intent  or 
purpose  of  avoiding  the  conductor  thereon  or  to  escape  being  seen 
by  such  conductor,  or  with  such  intent  or  purpose  to  stand  on 
the  steps  or  hang  onto  the  sides  or  rear  of  any  such  car.  Any  boy 
or  other  person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  exceeding  twenty  ($20)  dollars,  or 


45G  REVISED    ORDINANCES. 

shall  be  otherwise  dealt  with  as  maj'  be  authorized  or  provided  In' 
law  for  coinnhtting  a  misdemeanor. 

Duty  of  police  officers. 

Section  4.  It  is  hereby  made  the  duty  of  the  police  officers 
of  the  city  of  Omaha  to  promptly  arrest  and  detain  any  bo}^  or 
other  person  violating  an}'  of  the  provisions  of  the  foregoing- 
section,  and  it  is  also  herebj-  made  the  duty  of  the  conductor  of 
any  motor,  cable  or  other  street  car  to  secure  and  detain  any 
boy  or  other  person  violating  any  of  said  provisions,  to  or  take 
such  other  action  by  securing  the  name  or  arrest  of  the  offender 
as  he  may  have  time,  means  or  opportunity  to  do. 

Persons  under  fifteen  years. 

Section  5.  It  is  hereby  declared  unlawful  for  an}^  person, 
under  fifteen  years  of  age,  to  board  or  alight  or  attempt  to  board 
or  alight  from  any  street  railway  car  while  in  motion;  any  person 
violating  the  provisions  of  this  section  shall  be  punished  by  a 
fine  not  exceeding  five  ($5)  dollars  for  each  and  every  offense. 
Provided,  this  section  shall  not  be  construed  to  exempt  any 
company  owning  or  operating  such  street  railway  car  from  anj^ 
liability  for  personal  injury  or  death  which  would  result  in  case 
this  section  had  not  been  passed. 


REVISED    OKDINANCES,  457 

CHAPTER  LXXXII. 

STREET  COMMISSIONER. 
Office  created. 

Section  1.  That  the  office  of  street  commissioner  of  tlie 
city  of  Omaha  be  and  the  same  is  hereby  created. 

Mayor  appoints. 

Section  2.  The  street  commissioner  shall  be  appointed  by 
the  mayor  and  confirmed  by  the  council.  He  shall  hold  officC; 
unless  sooner  removed,  diirins;  the  term  of  the  mayor  appointing 
him. 

Salary. 

Section  3.  The  street  commissioner  shall  receive  a  salary 
of  two  thousand  ($2,000)  dollars  per  annum,  and  before  entering 
upon  the  duties  of  his  office  he  shall  give  bond  to  the  city  of  Omaha 
in  the  sum  of  three  thousand  ($3,000)  dollars,  conditioned  as 
required  by  the  act  incorporating  metropolitan  cities. 

Commissioner  appoints  clerk  and  timekeeper. 

Section  4.  The  street  commissioner  shall  appoint  one  .clerk 
and  one  timekeeper  in  his  office  and  report  the  names  of  such 
appointees  to  the  council  for  confirmation. 

The  clerk  shall  perform  such  duties  and  keep  such  records 
as  required  by  the  street  commissioner  and  shall  receive  a  salary 
of  fifteen  hundred  ($1,500)  dollars  per  annum. 

The  timekeeper  shall  keep  a  true  and  accurate  account  of 
all  laborers,  employes  and  teamsters  employed  by  the  street 
commissioner  and  the  time  or  hours  each  of  same  are  actually 
employed  by  the  city.  He  shall  keep  a  like  report  and  account 
of  all  teams  employed  by  the  street  commissioner  in  his  depart- 
ment. The  timekeeper  shall  receive  a  salary  of  one  thousand 
($1,000)  dollars  per  annum,  l^cfore  entering  upon  the  duties  of 
their  respective  positions  the  clerk  and  timekeeper  shall  each  give 
bond  to  the  city  of  Omaha  in  the  sum  of  one  thousand  ($1,000) 
dollars,  conditioned  as  required  by  the  act  incorporating  metro- 
politan cities.  The  clerk  and  timekeeper  may  be  (lischai-g(Hl  at 
any  time  by  the  mayor  and  counci!. 


458  REVISED    ORDINANCES. 

Commissioner's  duties. 

Sectiuii  5.  The  .street  commissioner,  subject  to  the  orders 
of  the  mayor  and  council,  shall  have  immediate  charge  of  all 
pavement  cleaning  and  sweeping;  he  shall  have  immediate  charge 
of  all  repairs  of  streets  and  alleys  not  paved;  he  shall  also  have 
charge  of  the  construction  and  maintenance  of  such  bridges, 
culverts  and  crosswalks  as  may  be  ordered  by  the  mayor  and 
council;  he  shall  also  keep  or  cause  to  be  kept  the  time  of  all 
employes,  laborers  and  teams  engaged  upon  or  in  connection  with 
the  work  under  his  direction  and  make  out  and  certify  monthly 
or  of  teller  if  reciuired,  the  pay  roll  of  his  department  to  the  city 
comptroller  for  subseciuent  action  by  the  mayor  and  council. 
He  shall  in  the  event  of  any  bridge,  culvert  or  cross-walk  becom- 
ing or  remaining  in  an  unsafe  or  dangerous  condition,  or  in  event 
of  any  washout,  break  or  other  dangerous  or  impassable  condition 
of  any  street  or  alley  not  paved,  immediately  place  the  same  in 
a  proper  and  safe  condition  or  erect  and  place  barricades  or  signals 
by  same.  He  shall  take  such  measures,  under  the  direction  of 
the  mayor  and  council,  as  shall  be  necessary  to  keep  all  pave- 
ments in  a  cleanly  condition  and  to  preserve  and  keep  in  order 
and  free  from  filth  all  unpaved  streets,  avenues  or  alleys  in 
the   city     of     Omaha. 

Employees,  appointment  of. 

Section  6.  He  shall  appoint  all  foremen,  laborers,  teamsters, 
or  other  employees  and  employ  all  teams  necessary  to  carry  out 
the  provisions  of  this  ordinance,  subject  to  the  extent  and  limit  of 
the  fund  provided  by  the  mayor  and  city  council  for  such  purposes. 
He  shall  present  all  names  of  employees  to  the  city  council  for  con- 
firmation. The  mayor  and  city  council  shall  fix  the  compensation 
to  be  allowed  to  each  and  every  of  such  employees,  and  no  em- 
ployment of  such  employees  is  to  be  made  or  any  compensation  to 
be  allow^ed  for  services  thereof  until  such  appointments  shall  have 
been  confirmed  by  the  city  council,  and  the  compensation  to  be 
allowed  therefore  shall  be  fixed  by  the  mayor  and  council.  He 
shall  have  power  and  authority  to  suspend  any  employe  under 
his  supervision  at  any  time  when  their  services  are  not  required, 
and  to  discharge  absolutely  and  without  notice  any  of  such  em- 
ployes for  cause,  neglect  of  duty,  refusal  to  obey  instructions  or 
for  other  good  and  sufficient  reasons. 


REVISED  ordinancp:s.  459 

Care  for  Machinery. 

Section  7.  He  shall  have  care  and  custody  of  all  machinery, 
tools  and  materials  pertaining  to  street  cleaning  and  sweeping  and 
repairing  of  unpaved  streets  and  the  construction  and  mainten- 
ance of  bridges,  culverts  and  crosswalks.  Upon  his  retirement 
from  office  he  shall  deliver  to  his  successor  or  to  such  other  per- 
son who  shall  be  designated  by  the  city  council  all  such  machin- 
ery, tools,  materials  or  other  cit}'  property  as  shall  be  in  his  pos- 
session, together  with  duplicate  invoices  of  the  same,  one  cop}^ 
of  which  shall  be  immediately  filed  with  the  city  clerk. 

General  Duties. 

Section  8.  He  shall  be  at  all  times  under  the  direction  of  the 
mayor  and  city  council  and  in  addition  to  the  powers  and  duties 
hereinbefore  prescribed  he  shall  perform  anj^  and  all  duties  imposed 
upon  him  and  carry  out  all  instructions  that  may  be  given  him 
from  time  to  time  by  ordinance  or  resolution  of  the  mayor  and  city 
council. 

.Record. 

Section  9.  The  street  commissioner  shall  keep  a  full,  com- 
plete and  classified  record  of  the  cost  of  all  work  done  by  him  or 
under  his  direction,  and  the  cost  of  the  maintenance  and  repair  and 
cleaning  of  streets,  and  the  construction  and  repair  of  bridges, 
culverts  and  crosswalks.  He  shall  make  out  a  detailed  report  to 
the  city  engineer  monthly  of  all  work  done  by  him  in  his  department, 
showing  the  nature  of  such  work  and  the  cost  of  same. 

Streets,  Lighting  Railroad  Intersections  of. 

See  I!aliro:uls. 

Streets,  Names  of  on  corner  Buildings. 
See  Buildings,  Section  S4  . 

Streets,  Refuse  in. 

See  Misdemeanors,  Sections  73  and  74. 


460  REVISED    ORDINANCES. 

CHAPTER  LXXXIII. 

STREET  SALES  AND  EXHIBTTIOXS. 
Permit. 

Section  1.  It  is  herein^  declared  unlawful  for -any  person  or 
persons,  firm  or  corporation,  to  maintain,  or  keep  any  exhibition, 
show  or  display,  or  to  sell  or  offer  for  sale  any  wares,  fruits,  vege- 
tables, nuts,  candy,  pop-corn,  lunch  or  merchandise  of  whatsoever 
kind,  upon  any  of  the  sidewalks  within  the  district  described  as 
follows:  Commencing  at  the  northwest  corner  of  Seventeenth  and 
Cuming  streets,  thence  south  to  the  northwest  corner  of  Seventeenth 
and  Douglas  streets,  thence  west  to  the  northwest  corner  of  Nine- 
teenth and  Douglas  streets,  thence  to  the  southwest  corner  of 
Nineteenth  and  Harney  streets,  thence  east  to  the  southwest  cor- 
ner of  Seventeenth  and  Harney  streets,  thence  south  to  the  south- 
west corner  of  Seventeenth  and  Leavenworth  streets,  thence  east 
to  the  southeast  corner  of  Fifteenth  and  Leavenw^orth  streets, 
thence  north  to  the  southeast  corner  of  Fifteenth  and  Howard' 
streets,  thence  east  to  the  southeast  corner  of  Thirteenth  and 
How^ard  streets,  thence  north  to  the  southeast  corner  of  Thirteenth 
and  Harney  streets,  thence  east  to  the  southeast  corner  of  Tenth 
and  Harne)^  streets,  thence  north  to  the  northeast  corner  of  Tenth 
and  Dodge  streets,  thence  west  to  the  northeast  corner  of  Fifteenth 
and  Dodge  streets,  thence  north  to  the  northeast  corner  of  Fifteenth 
and  Cuming  streets,  thence  west  to  the  northwest  corner  o-f  Seven- 
teenth and  Cuming  streets,  without  a  written  permit  from  the 
license  inspector. 

Permission  of  property  owner. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person  or 
persons,  firm  or  corporation,  except  gardeners  or  farmers  seUing 
produce  raised  by  themselves,  dealers  in  cigars,  oysters  and  fish, 
confectioners,  grocers,  commission  men.  and  other  merchants  hav- 
ing an  estabhshed  place  of  business,  taking  orders  and  delivering 
goods,  to  keep  any  exhibition,  show  or  display,  or  to  sell  or  offer 
for  sale,  any  wares^  fruits,  vegetables,  nuts,  candy,  popcorn,  lunch 
or  merchandise  of  w^hatsoever  kind,  upon  any  of  the  streets,  or 
alleys  within  the  district  as  described  in  section  1  of  this  chapter, 
without  permission  from  the  owner  or  lessee  of  adjoining  property. 


REVISED    ORDINANCES.  461 

Licensed  wagon. 

Section  3.  A  licensed  wagon,  cart,  or  foot  peddler  may  sell 
and  solicit  trade  within  said  district  as  follows:  To  hotels,  restaur- 
ants and  famihes  by  going  within  the  buildings  and  making  sales 
or  trades.  Provided,  That  the  mayor  may,  at  any  time,  issue  an 
order  prohibiting  all  street  sales  and  exhibitions  within  the  district 
described  in  section  1  of  this  chapter. 

Penalty. 

Section  4.  Any  person,  persons,  hi-m  or  corporation  who  shall 
violate  any  of  the  provisions  of  the  preceding  three  sections  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  convictoin  thereof, 
shall  be  fined  not  more  than  one  hundred  ($100)  dollars,  or  im- 
prisoned not  more  than  thirty  day;^  in  jail. 

License. 

Section  5.  It  is  hereby  declared  unlawful  for  any  persons  or 
persons,  firm  or  corporation,  to  make  any  exhibition  on  the  streets, 
alleys  or  pubhc  grounds  in  the  city  of  Omaha,  or  to  sell  or  offer  for 
sale  upon  any  streets  or  alleys  or  from  house  to  house,  or  place  to 
place  by  sample  or  otherwise,  any  compound,  novelty,  patent  ar- 
ticle, or  jewelry,  without  first  taking  out  a  license,  to  be  issued  by 
the  city  clerk,  upon  payment  to  said  clerk  for  each  person  so  engaged 
the'sums  following,  to-\vit: 

For  exhibiting  any  machine,  apparatus,  appliance  or  device 
of  whatsoever  nature,  for  the  trial  or  test  of  skill,  strength  or  en- 
durance, each  day,  the  sum  of  two  ($2.00)  dollars. 

For  selhng  or  offering  for  sale  any  compound,  no\-elty.  patent 
article  or  jewelry,  each  day  the  sum  of  two  (S2)  dollars. 

For  any  other  exhibition  or  sale  not  specially  referred  to  by 
the  ordinances  of  the  city,  the  sum  of  two  ($2)  dollars  per  day,  or 
five   ($5)    dollars   ])er   week. 

Games. 

Section  (i.  It  shall  be  unlawful  for  any  person  on  ])i-ivate 
grounds  adjacent  to  the  streets,  alleys  or  jjublic  grounds  of  tiie  city 
of  Omaha,  to  conduct  or  carry  on,  for  ])rofit  any  game  or  test  of 
skill,  by  slK)oting,  throwing  balls  oi-  otherwise,  oi-  to  (•on(hi('t  or 
carry  on  for  profit  any  riding  gaUcry,  merry-go-round  oi-  swings, 
without  first  taking  out  a  license  foi'  a  period  of  not   less  than  one 


462  REVISED    ORDINANCES. 

week,  to  be  issued  by  the  city  clerk,  upon  payment  to  said  cle/ 
of  the  sum  necessary  to  cover  the  period  for  which  such  hcense  is 
applied  for,  at  the  rate  of  ten  ($10)  dollars  per  week. 

Street  Stands. 

Section  7.  It  shall  be  unlawful  for  any  i)erson  to  keep  or 
maintain  any  stand  for  the  sale  of  fruit,  merchandise  or  other 
article  or  thing,  upon  any  sidewalk  in  the  city  of  Omaha  without 
first  ol^taining  the  consent  of  the  occupant  of  the  premises  adjacent 
to  which  said  stand  shall  be  located,  and  without  first  taking  out  a 
license  to  be  issued  by  the  city  clerk  upon  application  to  the  city 
clerk  and  payment  to  him  of  the  sum  of  twenty-four  ($24)  dollars 
for  the  municipal  year,  or  twelve  ($12)  dollars  for  six  months. 

Provided,  That  all  licenses  shall  terminate  either  June  30th,  or 
December  31st  of  each  year; 

Provided  further,  that  the  granting  of  any  such  license  shall 
not  authorize  or  permit  the  location  of  any  fruit  stand  in  such  man- 
ner or  at  such  place  as  in  any  manner  to  obstruct  sidewalk  or  to 
interfere  with  free  travel  thereon. 


HEVISEn    ORPINANCES.  463 

CHAPTER  LXXXIV. 
STREET  RAILWAYS. 
Unlawful  running  and  stopping  of  cars. 

Secti(jn  1.  It  is  hereljv  declared  unlawful  for  the  driver, 
niotorman,  conductor  or  person  in  immediate  charge  of  any  motor, 
cable,  electric  or  horse  car  running  on  any  street  railway  in  the  city 
of  Omaha  to  intentionally  or  maliciously  cause  or  permit  such  car 
to  obstruct  any  crosswalk  or  any  street  in  said  city  or  to  run,  drive, 
or  allow  to  be  operated  any  such  car  at  a  greater  rate  of  speed 
than  ten  miles  per  hour  in  that  portion  of  the  city  bounded  by 
Twelfth  street  on  the  east,  Sixteenth  street  on  the  west,  Leaven- 
worth street  on  the  south  and  Cuming  street  on  the  north,  or  at  a 
greater  rate  of  speed  than  fifteen  miles  per  hour  outside  of  said 
limits  herein  specialty  defined  or  when  following  any  other  street 
car,  to  approach  spch  other  car  witliin  fifty  feet,  or  to  stop  any  such 
car  in  front  of  any  intersecting  paved  street. 

Obstructing  or  interfering  with  cars. 

Section  2.  It  shall  be  unlawful  for  any  person  or  persons  to 
obstruct,  delay  or  in  an}^  manner  interfere  with  the  free  passage  of 
cars  along  the  track  of  any  street  railway  in  the  city  of  Omaha,  or 
to  allow  or  permit  the  same  to  be  done  by  any  team,  vehicle,  build- 
ing, or  other  thing  under  his  or  their  charge  or  control ;  Provided, 
that  all  fire  engines,  hose  carts  or  other  fire  apparatus  shall  have  the 
right  to  cross  such  track  at  any  and  all  times,  but  the  same  shall 
Mot  be  allowed  to  obstruct  such  track  any  longer  than  is  absolutely 
necessary.  And,  Provided  further,  that  buildings  and  other  heavy 
sul)stances  may  be  mo.ved  across  or  along  said  tracks  at  any  time 
between  12  o'clock  midnight  and  6  o'clock  a.  m.,  except  that  when 
said  obstruction  does  not  exceed  ten  minutes,  any  building  or  otiier 
heavy  substance  may  be  moved  across  such  track,  provided  a 
notice  of  at  least  two  hours  shall  be  given  of  such  crossing  to  the 
superintendent  oi'  other  managing  officci-  of  the  company  whose 
track  is  to  be  ci-ossed,  which  said  notice  shall  be  in  wi-ititig  and  Icfl 
at  the  principal  office  of  said  compaiiy. 

Refusal  to  pay  fare     Molesting  driver  or  passengers. 

Section    3.      It  sliall  be  unlawful   for  aii}'  person   to  cnlci'  and 
ride  ujjon  an}-  sti-cet  cai-  usc(|  oi-  o|)crat('(l  on  any  street  laiiway  and 


464  RKVTSED    ORDINANCES. 

refuse  to  pay  the  regular  fare  for  carrying  passengers  thereon,  or 
to  disturb,  molest  or  obstruct  the  driver  or  person  in  charge  of  said 
car  or  any  passenger  thereon. 

Penalty. 

Section  4.  Any  person  who  shall  violate  any  of  the  provi- 
sions of  the  foregoing  three  sections  of  this  chapter,  on  conviction 
thereof,  shall  be  fined  in  any  sum  not  less  than  five  ($5)  dollars  nor 
more  than  one  hundred  ($100)  dollars. 

Cars  not  to  cut  through  procession  or  parade. 

Section  5.  Whenever  an}-  procession  or  parade  shall  desire 
to  pass  tlirough  the  streets  of  the  city  of  Omaha,  and  written  no- 
tice thereof  shall  have  been  served  upon  the  mayor  at  least  twenty- 
four  hours  before  the  hour  appointed  for  the  starting  of  such  pro- 
cession or  parade,  stating  the  person  or  persons  or  association  of 
persons  managing  and  conducting  said  procession  or  parade,  the 
general  nature  of  said  procession  or  parade  and  the  day  upon  wdiich 
the  same  shall  take  place,  said  mayor  shall,  if  he  deems  such  pro- 
cession or  parade  of  a  sufficient  public  character,  serve  a  written 
notice  upon  the  president  or  other  highest  officer  in  charge  of  the 
office  of  any  street  railway  company  running  or  operating  cars  in 
the  streets  of  Omaha,  notifying  said  company  of  the  proposed  pro- 
cession or  parade  and  of  the  date  of  its  occurrence,  and  also  notify- 
ing such  company  not  to  cut  through  such  procession  or  parade 
with  any  car  or  cars  owned  liy  said  compan}'.    • 

Penalty. 

Section  6.  If  any  street  car  or  cars  owned  by  any  company, 
receiving  notice  from  the  mayor  of  the  city  of  Omaha  as  provided 
for  in  the  foregoing  section  of  this  chapter,  shall  be  driven  or 
otherwise  propelled  or  attempted  to  be  driven  or  propelled  through 
said  procession  or  parade,  the  person  or  persons  having  immediate 
charge  and  control  at  the  time  over  the  car  or  cars  so  propelled 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  more  than  fifty  (S50)  dollars  for  each  offense. 

Duty  of  policemen  regarding  processions  or  parades. 

Section  7.  It  is  hereby  made  the  duty  of  every  policeman  in 
the  city  of  Omaha  to  see  that  section  6  of  this  chapter  is  observed 
and  enforced,  and  to  file  a  complaiiit  against  any  person  or  persons 
violatina;  the  same. 


REVISED    ORDINANCES.  465 

Permission  of  city  engineer  required  for  construction  of  car  line. 

Section  8.  No  person,  i)artnership,  corporation  or  associa- 
tion shall  enter  upon  any  of  the  streets  of  the  city  of  Omaha,  for 
the  construction  of  any  street  car  line,  cable  line,  or  other  device 
for  the  transportation  of  persons,  without  first  havinji;  obtained 
the  permission  of  the  city  engineer  so  to  do.  Provided,  however, 
that  the  provisions  of  this  ordinance  shall  not  apply  to  Twentieth 
street. 

Distance  allowed  by  permits — Duty  of  city  engineer. 

Section  9.  Said  city  engineer  shall  in  no  case  grant  permits 
to  any  sucli  person,  partnership,  corporation  or  association  to  con- 
struct any  street  car  track,  cable  line,  or  other  device,  for  the  trans- 
portation of  persons,  in  the  streets,  avenues  alleys  or  parts  thereof 
for  a  greater  distance  at  any  one  time  than  the  space  of  two  blocks, 
and  said  city  engineer  shall  prohibit  any  such  persons,  partnership, 
corporation,  or  association  from  entering  upon  or  interfering  with 
any  portion  of  the  streets  and  avenues  of  the  city  of  Omaha  for  a 
greater  distance  than  t-Avo  blocks  at  one  time  for  the  purpose  of 
constructing  any  such  street  car  line,  cable  line,  or  device  for  the 
transportation  of  persons  unless  the  permission  of  the  city  council 
is  first  obtained  to  open  not  to  exceed  four  blocks  on  unpaved 
streets  at  any  one  time. 

Permits  to  allow  only  continuous  construction. 

Section  10.  Said  city  engineer  shall  in  no  case  grant  any 
such  permits  or  allow  any  such  construction  to  be  entered  upon 
or  pursued,  exce])t  when  the  new  track  or  device  for  the  transpor- 
tation of  persons  shall  be  a  continuance  of  a  similar  and  con- 
necting track  or  device  already  completed  and  ready  for  o])erati()n 
and  use. 

Work  commenced  to  be  completed  before  additional  permits  will  be 
granted. 

Section  11.  Whenevei-  any  such  pcM-son,  partnctship,  coi- 
poration  or  association,  after  having  obtained  ii  jx't'inil  From  tli(^ 
city  engineer,  shall  enter  upon  any  street,  aAciiuc.  oi'  alley 
to  construct  any  street  car  track,  caole  line,  or  olliei-  device 
foi-  the  transportation  of  persons,  and  shall  comniencc  work  thereon 
for  such  purpose,  said  pei'son,  partnership,  corporal  ion  or  asso- 
ciation shall  be  limited  and  confined   to  said   work  so  comnKMiced 


466  REVISED    ORDINANCES. 

upon  such  street,  avenue  or  alley  until  the  work  thereon  begun 
shall  have  been  completed  and  made  ready  for  use  and  operation. 

Work  to  be  continued  in  active  manner  until  completed — Duty  of 
City  Engineer. 

Section  12.  Whenever  smy  person,  partnership,  corporation 
or  association  has  entered  upon  any  of  the  streets,  a^•enues  or 
alleys,  or  parts  thereof,  and  begun  the  preparation  for  the  con- 
struction of  any  street  car  line,  cable  line  or  other  device  for  the 
transportation  of  persons,  such  work  shall  be  continued  in  an 
active  manner  until  said  work  shall  be  completed. 

It  shall  be  the  duty  of  the  city  engineer  to  see  that  when 
such  work  of  construction  shall  be  begun  on  any  one  block,  that 
the  same  shall  be  carried  to  comj^letion  without  cessation  of  labor 
or  unnecessary  delay. 

Unreasonable  suspension  of  work — Duty  of  City  Engineer. 

Section  13.  Whenever  any  person,  partnership,  corporation 
or  association  shall  have  once  begun  the  construction  of  a  street 
car  hue,  cable  line  or  other  device  for  the  transportation  of  persons, 
upon  any  one  block  or  blocks,  on  any  street,  avenue  or  alley,  and 
shall  thereafter  suspend  such  work  before  the  completion  thereof 
for  a  period  of  time  which  may  to  the  city  engineer  seem  unreason- 
able, then  it  shall  be  the  duty  of  said  city  engineer  to  see  that 
such  portion  of  uncompleted  work  shall  l)e  removed  from  such 
street,  avenue,  or  alley,  and  that  such  street,  avenue,  or  alle}" 
shall  be  restored  to  a  like  and  in  as  good  condition  as  when  said 
work  was  commenced  thereon. 

When  work  is  not  carried  on  continuously,  further  permits  to  be 
refused. 

Section  14.  Whenever  any  person,  partnership,  corporation 
or  association  shall  have  obtained  a  permit  from  the  city  engineer 
for  the  construction  of  any  street  car  line,  cable  line,  or  other 
device  for  the  transportation  of  persons  upon  any  one  or  more 
blocks  of  the  streets  of  the  city  of  Omaha,  and  shall  not  carry  on 
said  work  continu.ously  until  the  same  shall  have  been  completed 
and  the  street  restored  to  good  condition,  then  said  city  engineer 
shall  thereafter  refuse  any  further  permit  to  any  such  person, 
partnership,  corporation  or  association  to  enter  upon  any  other 
portions  of  the  streets,  avenues  or  alleys  of  the  city  for  the  con- 


REVISED    ORDINANCES.  467 

struction  of  any  such  street  car  line,  cable  line,  or  other  device 
for  the  transportation  of  jiersons. 

Penalty. 

Section  15.  Each  and  every  member,  officer,  manager, 
agent,  or  employe  of  any  partnership,  corporation  or  association, 
who  shall  enter  upon  any  of  the  streets  of  this  city,  or  cause  the 
same  to  be  done,  for  the  purpose  of  constructing  any  street  car 
line  or  other  device  for  the  transportation  of  persons,  before  said 
partnership,  corporation  or  association  shall  have  complied  with 
all  the  provisions  of  the  seven  preceding  sections  of  this  chapter, 
and  obtained  the  permit  herein  required,  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof,  shall  be  fined  not  less 
than  twenty-five  ($25)  dollars,  nor  more  than  one  hundred  (SlOO) 
dollars  for  each  offense,  and  shall  further  be  subject  to  all  other 
forfeitures  under  this  or  other  ordinances  of  this  city,  or  the  laws 
of  this  state. 

Penalty  for  not  restoring  street  to  good  condition. 

Section  16.  FJach  and  every  member,  officer,  manager  or 
agent  of  an}^  partnership,  corporation  or  association,  who,  having 
entered  upon  any  street  for  the  purpose  of  constructing  any  street 
car  or  other  such  line,  or  causing  the  same  to  be  done,  before 
said  partnership,  corporation  or  association  shall  have  obtained 
the  permit  herein  required,  or  having  lawfully  entered  upon  said 
work  Init  failing  to  continue  and  pursue  the  same  as  herein  re- 
(|uired,  shall  fail  to  restore  said  street  to  a  like  and  as  good  con- 
dition as  before  said  work  was  entered  upon,  when  notified  bv 
said  engineer  so  to  do,  shall  l)c  guilty  of  a  misdemeanor  and  u))on 
conviction  thereof  shall  be  fined  not  less  than  twenty-five  ($25) 
dollars  nor  more  than  one  hundred  ($100)  dollars  for  each  offense, 
and  shall  further  be  sul;)ject  to  all  othei-  forfeitures  and  liabilities 
under  the  provisions  of  tliis  or  other  ordinance's  of  this  city,  or 
the  laws  of  this  state. 

Company  to  pave  between  rails. 

Section  17.  Tiiat  whencA'cr  any  street  is  ordeixNl  paxcd  oi- 
repaved,  any  street  railway  cDinpany,  jx-i'son  or  corpoiation 
having,  or  possessed  of  the  I'iglit  to  liax'c.  any  track  I'oi'  llie  street 
I'aihvay  along,  upon  oi'  aci'oss  such  street,  shall  at  thcii-  own  cost. 
pav(!  or  re))ave,  as  the  case  may  be,  lietwec'ii   the  rails  of  aii\-  and 


46S  REVISED    ORDINANX'ES. 

all  of  the  tracks,  such  paving  or  repaving  to  be  clone  at  the  same 
time  and  of  the  same  material  and  character  as  the  paving  or 
repaving  of  the  street  upon  wliich  such  tracks  are  located,  unless 
other  material  1)e  specially  ordered  or  authorized  by  the  city 
engineer. 

How  tracks  to  be  constructed  on  paved  streets. 

Section  18.  The  track  of  all  street  railways  upon  any  street 
now  or  hereafter  ordered  paved,  shall  be  located  and  laid  to  such 
position,  line  grade  and  curvature  as  the  city  engineer  may  desig- 
nate, and  upon  all  such  streets  the  ties  used  shall  be  of  sound 
wood,  not  less  than  six  inches  square  and  laid  at  a  distance  apart 
of  not  exceeding  three  feet  and  six  inches  from  center  to  center 
and  placed  upon  a  foundation  of  the  same  material,  depth  and 
character  as  required  to  be  used  by  the  specifications  and  con- 
tract under  wliich  such  street  is  to  be  paved,  unless  otherwise 
specially  ordered  or  authorized  by  the  city  engineer,  and  upon 
all  such  streets  the  rails  used  shall  be  the  strap  or  flat  rail,  of  such 
ciuality,  size  and  form  as  may  be  satisfactory  to  the  city  engineer, 
and  to  be  laid  in  the  best  approved  manner. 

How  paving  to  be  done. 

Section  11).  In  all  cases  where  paving  between  the  rails  of 
any  street  railway  is  done  bj^  the  person,  company  or  corporation 
owning  or  operating  the  same,  such  paving  shall  be  done  under 
the  supervision  and  to  the  .acceptance  of  the  city  engineer,  and 
unless  so  done,  such  persons,  company  or  corporation  shall  be 
required  to  change,  alter  and  complete  such  paving  in  a  manner 
satisfactory  to  said  engineer,  and,  failing  or  neglecting  so  to  do 
for  the  space  of  ten  days,  the  city  engineer  shall  cause  said  paving 
to  be  done,  and  the  additional  cost  shall  be  assessed  against  the 
property  of  such  person,  company  or  corporation,  used  for  the 
purpose  of  such  street  railway  business. 

Right  of  city  to  streets— Duty  of  company. 

Section  2U.  For  the  purpose  of  paving,  constructing  sewers, 
or  for  the  purpose  of  making  any  other  public  improvement  in 
the  city  of  Omaha,  its  officials  and  contractors  shall  have  the 
right  to  the  use  of  any  and  all  portions  of  the  public  streets,  as 
well  what  may  be  occupied  by  street  railways  as  other  portions 
thereof,  and  it  shall  be  and  hereby  is  made  the  duty  of  any  person, 


REVISED    ORDINANTCES.  469 

company  or  corporation  owning  or  operating  any  street  railway 
upon  any  street  in  the  city  of  Omaha,  after  five  days'  notice,  to 
thereupon  immediately  vacate  any  such  portion  of  any  street  or 
streets  as  the  city  engineer  shall  deem  and  declare  necessary  for 
such  purpose,  and  refusing  or  neglecting  so  to  do,  the  street  rail- 
way and  any  other  property  belonging  or  pertaining  thereto  in 
the  way  or  obstructing  the  making  or  completion  of  such  im- 
provements, shall  be  forthwith  removed  at  the  expense  of  such 
person,  company  or  corporation. 

Penalty. 

Section  21.  Any  person  or  persons  in  any  manner  obstructing 
or  resisting  the  city  engineer,  or  other  city  officials  or  person  acting 
under  their  direction  or  authority,  in  the  removal  of  any  track, 
car,  rails,  ties  or  roadbed  of  any  street  railway,  declared  by  said 
city  engineer  in  the  way  of  making  or  completing  any  pubhc 
improvement,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  for  each  offense  be  fined  in  the  sum  of 
not  less  than  ten  ($10)  dollars  nor  more  than  one  hundred  ($100) 
dollars  or  imprisoned  not  exceeding  thirty  days. 

Crossing  tracks — Adjustment  of  wires. 

Section  22.  Whenever  and  wherever  an\'^  street  railwaj^  com- 
pany operated  by  electricity  does  or  may  cross  the  track  of  any 
other  street  railway  company  also  operated  by  electricity,  said 
companies  shall  arrange  for  and  adjust  the  crossing  of  the  wires 
and  hues  necessary  for  the  operation  of  said  electric  street  railways 
in  such  manner  as  may  be  directed  by  the  mayor  and  city  council. 

Permits  on  paved  streets. 

Section  23.  The  city  engineer  is  hereby  prohiljited  from 
issuing  any  permit  to  any  street  railway  company  to  lay  its  tracks 
upon  any  avenue,  street  or  alley  in  the  city  of  Omaha  that  has 
been  paved,  re-paved  or  macadamized  except  upon  payment  of  a 
sum  of  money  equal  to  the  original  cost,  or  proportionate  part  of 
siich  original  cost,  of  so  nmch  of  such  paving  as  shall  be  remo\ed 
by  such  street  railway  company  in  laying  the  track  or  tracks 
named  in  the  application  for  a  permit  as  hereinafter  provided. 


470  If  h' VISED    ORDINANCES. 

Amount  of  payments  required. 

Section  24.  The  sum  of  money  .so  required  to  he  paid  shall 
equal  the  entire  or  proportionate  part  of  the  original  cost  of  pave- 
ment so  to  be  removed  as  follows,  to  wit:  in  cases  of  asphaltum 
or  wood  pavement,  where  the  application  for  a  permit  is  made 
within  the  calendar  year  that  the  pavement  was  laid,  the  sum 
of  money  so  required  to  l)e  ])aid  shall  equal  the  original  cost; 
in  cases  of  brick  pavement,  where  the  application  for  permit  is 
made  within  one  year  after  the  pavement  was  laid,  the  sum  of 
money  so  required  to  be  paid  shall  equal  the  original  cost;  where 
the  application  for  a  permit  is  made  after  the  first  year  and  before 
the  expiration  of  the  second  year  after  the  pavement  was  laid, 
the  sum  of  money  so  required  to  be  paid  shall  equal  four-fifths 
of  the  original  cost.  Where  the  application  for  a  permit  is  made 
after  the  second  year  and  before  the  expiration  of  the  third  year 
after  the  pavement  was  laid,  the  sum  of  money  so  required  to  be 
paid  shall  equal  three-fifths  of  the  original  cost.  Where  the  ap- 
plication for  a  permit  is  made  after  the  third  year  and  before  the 
expiration  of  the  fourth  year  after  the  paA^ement  was  laid,  the 
sum  of  money  so  required  to  be  paid  shall  equal  two-fifths  of  the 
original  cost.  Where  the  application  for  a  permit  is  made  after 
the  fourth  year  and  before  the  expiration  of  the  fifth  year  after 
the  pavement  was  laid,  the  sum  of  money  so  required  to  be  paid 
shall  equal  one-fifth  of  the  original  cost.  In  cases  of  stone  pave- 
ment where  the  application  for  a  permit  is  made  within  one  year 
after  the  pavement  was  laid,  the  sum  of  money  so  required  to 
be  paid  shall  equal  the  original  cost.  Where  the  application  for 
a  permit  is  made  after  the  first  year  and  before  the  expiration 
of  the  second  year  after  the  pavement  was  laid,  the  sum  of  money 
so  required  to  be  paid  shall  equal  seven-eighths  of  the  original 
cost.  Where  the  application  for  a  permit  is  made  after  the  second 
year,  and  before  the  expiration  of  the  third  year  after  the  pavement 
was  laid,  the  sum  of  money  so  required  to  be  paid  shall  equal 
six-eighths  of  the  original  cost.  Where  the  application  for  a  permit 
is  made  after  the  third  year  and  before  the  expiration  of  the  fourth 
year  after  the  pavement  was  laid,  the  sum  of  money  so  required 
to  be  paid  shall  ecjual  five-eighths  of  the  original  cost.  Where 
the  application  for  a  permit  is  made  after  the  fourth  year  and 
before  the  expiration  of  the  fifth  year  after  the  pavement  was 
laid,  the  sum  of  money  so  required  to  be  paid  shall  equal  four- 
eighths  of  the  original  cost.     Where  the  application  for  a  permit 


REVISED    ORDINANCES.  471 

is  made  after  the  fifth  year  and  before  the  expiration  of  the  sixth 
year  after  the  pavement  was  laid,  the  sum  of  money  so  required 
to  be  paid  shall  equal  three-eighths  of  the  original  cost.  Where 
the  application  for  a  permit  is  made  after  the  sixth  year  and 
l)efore  tlie  ex])iration  of  the  seventh  year  after  the  pavement 
was  laid,  the  sum  of  money  so  required  to  be  paid  shall  equal 
two-eighths  of  the  original  cost.  Where  the  application  for  a 
})ermit  is  made  after  the  seventh  year  and  before  the  expiration 
of  the  eighth  year  after  the  pavement  was  laid,  the  sum  of  money 
so  required  to  be  paid  shall  equal  one-eighth  of  the  original  cost. 
In  no  other  cases  than  those  before  specified  shall  the  street  rail- 
way companies  be  required  to  make  payment  for  paveiuent  re- 
moved in  order  to  ol)tain  a  permit  to  lay  track  or  tracks. 

Application — Estimate  by  City  Engineer. 

Section  25.  Upon  application  Ijy  any  street  railway  com- 
pany for  a  permit  to  lay  a  track  or  tracks  upon  any  avenue,  street 
or  alley  in  the  city  of  Omaha  that  has  been  paved,  repaved  or 
macadamized,  to  the  city  engineer  and  accompanied  with  a 
statement  of  the  kind  of  pavement  on  the  avenue,  street  or 
alley  over  which  a  permit  is  requested  to  lay  said  track  or  tracks 
together  with  a  statement  of  the  original  cost  of  such  pavement 
per  square  yard,  provided,  such  pavement  come  within  any  of 
the  classes  hereinbefore  named,  for  which  the  street  railway  com- 
])any  shall  l)e  required  to  make  payment  in  whole  or  in  part, 
the  city  engineer  shall  estimate  the  whole  or  proportionate  part 
of  the  original  cost  of  such  pavement  so  to  be  paid  for  by  the 
street  railway  company  according  to  the  schedule  provided  in 
section  24  of  this  chapter. 

Amount  of  estimate  to  be  paid  to  city  treasurer. 

Section  26.  The  amount  so  estimated  by  the  city  engineer 
as  provided  in  section  25  hereof  shall  by  the  street  railway  com- 
pany asking  said  permit  be  paid  to  the  city  treasurer,  who  shall 
issue  his  receipt  therefor  and  which  receipt  shall  be  presen1(>(I  to 
the  city  engineer  before  the  granting  of  the  permit. 

Duty  of  City  Treasurer— Right  of  property  owner. 

Section  27.  Upon  payment  to  the  city  treasurer  of  the 
amount  or  amounts  so  estimated,  said  ti'easurer  shall,  and  it  is 
hereby  made  his  duty  to  credit  such   amount   or  aiiiouuts  to  th(^ 


472  REVISED    ORDINANCES. 

owner  or  owners  of  abutting  property  and  the  city,  in  proportion 
to  the  ownership  of  the  same  on  the  street,  avenue  or  alley  where 
said  track  or  tracks  are  proposed  to  be  laid,  and  such  credit  or 
credits  so  made  shall  entitle  an}-  and  all  property  owners  so  abutting 
to  a  reduction  of  the  special  tax  levied  or  to  be  levied  against  their 
property  for  the  payment  of  their  proportion  of  the  cost  of  pav- 
ing, repaving  or  macadamizing  on  such  street,  avenue  or  alley  so 
entered  upon. 

The  proportion  of  said  estimate  so  made,  and  by  any  street 
railway  companies  paid,  applicable  to  street  intersections  or  other 
portions  of  streets,  avenues  or  alleys  paved,  repaved  or  macadam- 
ized wholly  at  th(^  expense  of  the  cit}',  shall  by  the  city  treasurer 
be  placed  and  kept  in  the  fund  for  cleaning  and  repairing  pave- 
ments, and  from  time  to  time,  and  in  said  treasurer's  annual 
report,  be  so  stated  and  accounted  for. 

The  proportion  of  said  estimates  made  and  by  said  street 
railway  companies  paid,  applicable  to  the  portions  of  streets, 
avenues  or  alleys  other  than  such  as  are  paved,  repaved  or  ma- 
cadamized wholly  at  the  expense  of  the  city,  shall  by  the  city 
treasurer  be  placed  and  kept  in  the  special  district  paving  fund 
represented  by  such  street,  avenue  or  alley  or  part  thereof  by 
said  street  railway  company  entered  upon. 

Whenever  any  property  owner  may  have  paid  the  whole 
of  the  special  tax  for  paving  or  repaving  charged  against  his  prop- 
erty upon  any  street,  avenue  or  alley  by  any  street  railway  com- 
pany entered  upon,  as  herein  provided,  prior  to  the  granting  of 
the  permit  herein  contemplated,  such  property  owner  shall  be 
entitled  to  receive  back,  through  an  item  inserted  in  any  general 
appropriation  ordinance,  the  proportion  for  which  he  or  she  would 
have  been  entitled  to  credit,  on  accovmt  of  said  special  tax,  had 
the  same  not  been  wholly  paid;  Provided,  such  item  or  items 
shall  not  be  so  inserted  without  direction  or  approval  ofthe  city  coun- 
cil to  that  end ;  Provided,  also,  that  such  item  or  items  shall  be  paid 
out  of  moneys  in  the  special  district  paving  fund  representing 
such  streets,  avenues  or  alleys,  or  parts  thereof,  as  may  have  been 
by  said  street  railway  companies  entered  upon,  as  may  have  been 
by  the  city  treasurer  placed  therein  as  heretofore  in  this  section 
provided. 

When  payments  may  be  waived. 

Section  28.  That  hereafter,  whenever  any  street  railway 
company  shall  apply  to  the  city  engineer  of  the  city   of   Omaha, 


REVISED    ORDINANCES.  473 

for  a  permit  to  lay  its  tracks  upon  any  of  the  paved  streets, 
avenues  or  alleys  of  the  city  of  Omaha  that  are  affected  by  the 
terms  of  the  foregoing  sections,  and  said  application  for  a  permit 
shall  be  accompanied  by  a  written  petition,  signed  by  the  owners 
of  a  majority  of  the  foot  frontage  along  the  streets,  avenues  or 
alleys  or  such  part  or  parts  thereof  as  shall  be  covered  by  said 
application  for  a  permit,  waiving  their  right  to  have  the  sums  of 
money  mentioned  in  said  sections  paid,  the  said  city  enigneer 
is  hereby  authorized  and  required  to  issue  said  permit, 
(if  the  case  shall  in  other  respects  be  a  proper  one  for  the  issuing 
of  a  permit)  without  requiring  the  payment  of  any  sum  of  money 
for  ]3avement,  as  herein  required. 

Street  Shows. 

See  Misdemeanors,  Section  22. 


474  REVISED    ORDINANCES. 

CHAPTER  LXXXV. 
^^TREET  SPRINKLING  AND  OTHER  REGULATIONS. 

Under  care  of  Board  of  Fire  and  Police  Commissioners. 

Section  1.  That  the  sprinkhng  of  all  streets,  avenues,  or 
alleys  of  the  city  of  Omaha  shall  be  done  under  the  supervision 
and  direction  of  the  board  of  fire  and  police  commissioners,  an 
at  such  times  as  said  board  may  by  order  or  rule  designate;  and 
the  water  used  for  the  purpose  of  street  sprinkhng  shall  be  taken 
only  from  such  hydrants  as  said  board  of  fire  and  police  may 
designate;  and  said  board  is  hereby  authorized,  when  in  their 
judgment  such  action  may  be  necessary  and  proper,  to  prohibit 
the  taking  of  water  from  the  public  fire  hydrants  for  the  purpose 
of  street  sprinkling. 

How  sprinkling  to  be  done. 

Section  2.  That  the  apparatus  used  for  sprinkling  said  streets 
and  avenues  shall  throw  a  spray  of  water  sufficiently  large  to  lay 
the  dust,  and  no  larger,  and  it  is  hereby  declared  unlawful  for 
any  person,  firm  or  corporation  with  a  wagon  sprinkler,  hand 
sprinkler,  hose  or  otherwise,  to  flood  said  streets  or  avenues,  or 
to  so  excessively  wet  the  same  as  to  render  them  muddy,  to  the 
injury  or  inconvenience  of  pedestrians  or  to  the  injury  or  bespat- 
tering with  mud  of  vehicles,  or  to  so  excessively  wet  any  paved 
street  or  avenue  as  to  in  any  manner  interfere  with  the  proper 
sweeping  or  cleaning  of  the  same. 

Unlawful  to  wash  wagons,  or  run  water  or  refuse  matter  on  paved 
streets. 

Section  3.  It  is  hereby  declared  unlawful  for  any  person 
to  allow  or  permit  any  water  or  refuse  matter  of  any  kind  to  run 
or  be  thrown  from  his  or  her  premises,  whether  owned  or  occupied, 
upon  any  paved  street  or  alley  of  the  city  of  Omaha,  or  into  the 
gutter  of  any  paved  street,  or  to  wash  wagons  or  vehicles  of  any 
kind  on  any  paved  street  or  alley,  or  to  in  any  manner  obstruct 
any  paved  street  so  as  to  interfere  with  the  complete  or  proper 
sweeping  or  cleaning  thereof,  or  to  permit  or  allow  dirt  or  rubbish 
to  accumulate  in  the  gutters  in  front  of  the  premises  owned  or 
occupied  by  any  such  person,  or  to  convey  along  or  across  any  paved 


RRVISKD    ORDINANCES.  475 

street  or  alley,  earth,  ashes,  dirt,  rubbish  or  manure,  except  in 
a  wagon  with  tight  box  and  end  boards,  or  in  such  close  or  secure 
manner  as  to  prevent  any  spilling,  wasting  or  dropping  of  any 
>\\ch  earth,  ashes,  dirt,  rubbish  or  manure  upon  the  pavement. 

Unlawful  to  mix  mortar  on  paved  streets. 

Section  4.  It  is  hereby  declared  unlawful  for  any  person, 
firm  or  corporation  to  mix,  make  or  keep  mortar  or  plaster  upon 
any  paved  street  or  alley,  unless  in  a  tight,  close  box  provided 
for  that  purpose,   and  unless   authorized  by  the  city  engineer. 

Fires  on  streets. 

Section  5.  It  is  hereby  declared  unlawful  for  any  person, 
firm  or  corporation  to  light  a  fire,  or  to  burn,  or  authorize  or 
permit  to  be  burned  on  any  paved  street  or  alley,  any  paper, 
wood,  or  other  material;  or  to  set  fire  to  or  burn  any  rubbish  or 
other  material  upon  any  unpaved  street,  alley,  lot  or  open  ground 
within  the  distance  of  fifty  (50)  feet  from  any  building  or  other 
structure. 

Penalty. 

Section  6.  Any  person,  firm  or  corporation  violating  any  of 
the  foregoing  provisions  of  this  chapter,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  five  ($5)  dollars,  nor  more 
than  one  hundred  ($100)  dollars. 


476  REVISED    ORDINANCES. 


CHAPTER  LXXXVI. 

SUPPLIES— PURCHASE  BY  CITY. 
Supplies. 

Section  1.  No  purchase  of  supplies  or  material  for  any 
purpose  shall  be  made  by  any  officer  or  any  department  of  the 
city  of  Omaha  except  upon  the  written  order  of  the  comptroller, 
and  no  such  order  shall  be  issued  by  the  comptroller  for  the  pur- 
chase of  supplies  and  material  exceeding  in  cost  the  sum  of  fift}^ 
($50)  dollars,  except  in  pursuance  of  the  terms  of  a  contract  with 
the  city,  unless  specially  authorized  by  the  mayor  and  council. 

Claims  for  supplies, 

vSection  2.  All  claims  for  supplies  and  material  furnished 
to  the  city  of  (Jmaha  or  any  department  of  said  city  shall  be  made 
out  in  the  form  of  a  claim  against  the  "City  of  Omaha,"  and 
must  be  endorsed  with  a  certificate  of  the  head  of  the  department 
receiving  the  same,  stating  that  the  goods  or  material  have  been 
received,  and  shall  also  be  accompanied  by  the  comptroller's 
order  for  such  supplies  and  material,  and  shall  be  sworn  to  as 
prescribed  by  the  charter,  and  be  filed  with  the  city  clerk. 

Clerk  to  register.  * 

Section  3.  It  shall  be  the  duty  of  the  city  clerk  within 
twenty-four  hours  after  the  receipt  of  any  claim  to  register  the 
same  and  deposit  such  claim  with  the  comptroller,  who  will  give 
claims  a  number  and  enter  them  upon  the  claim  register,  and 
thereupon  refer  them  to  the  heads  of  the  proper  departments 
or  to  the  council,  as  may  be  deemed  necessary,  to  he  ex- 
amined. After  said  claims  have  been  checked  and  approved 
by  the  departments  or  council  upon  being  referred  for  that 
purpose,    they    shall   l)e   returned   to   the    comptroller. 


RI^VISEI)    ORDIXAN'CES.  477 

CHAPTP]R  LXXXVII. 
SUPERINTENDENT  OF  CITY  HALL. 

Appointment  of  superintendent. 

Section  1.  Tliat  the  mayor,  subject  to  the  approval  of  the 
city  council,  appoint  a  superintendent  of  the  city  hall,  who  shall 
have  the, care  and  custody  of  the  city  hall,  and  whose  duty  it  shall 
be  to  superintend  the  janitor  service  in  said  city  hall,  and  see  that 
the  engines  and  elevators  in  said  city  hall  are  properly  cared  for, 
run  and  operated,  and  that  the  said  city  hall  building,  including  all 
corridors  and  all  offices,  except  those  occupied  by  tlie  board  of 
education,  are  properly  cleaned  and  cared  for. 

Salary. 

Section  2.  The  superintendent  of  the  city  hall  shall  receive 
a  salary  at  the  rate  of  nine  hundred  and  sixty  ($960)  dollars  per 
annum,  and  before  entering  upon  the  duties  of  his  office  he  shall 
execute  a  bond  to  the  city  of  Omaha,  to  be  approved  by  the  mayor 
and  council,  in  the  sum  of  nine  hundred  ($000)  dollars,  conditioned 
as  required  l)y  the  act  incorporating  metro])olitan  cities. 

Superintendent  to  designate  various  employes. 

Section  3.  The  superintendent  of  the  city  hall  shall  designate, 
and  the  mayor  shall  appoint,  subject  to  the  approval  of  the  city 
council,  one  engineer  at  a  salary  at  the  rate  at  eighty  ($80)  dollars 
per  month,  one  fireman  at  a  salary  at  the  rate  of  sixty- five  ($65) 
dollars  per  month,  one  fireman  and  watchman  at  a  salary  at  the 
rate  of  sixty  ($60)  dollars  per  month,  three  elevator  conductors 
at  a  salary  at  the  rate  of  fifty- five  dollars  ($55)  each  per  month, 
and  four  janitors  at  a  salary  at  the  rate  of  fifty-five  ($55)  dollars 
each  per  month.  The  said  employes  shall  render  such  service  as 
shall  be  rec[uired  by  the  superintendent  of  th(>  city  liall,  or  as  may 
be  required  by  ordinance  or  concurrent  resolution;  ai\d  they  shall 
bp  under  the  supervision  of  ^aid  superintendent,  and  shall  be  liable 
to  discharge  at  any  time  by  ihe  su])ei-iiit(  iidciit  of  tlie  cit^'  hall 
with  the  :i|)proval  of  the  mayor  and  council,  and  may  be  suspended 
at  any  time,  for  cause,  by  said  siijicfiniemleni . 


478  REVISED    ORDINANCES. 

CHAPTER  LXXXVIII. 

SURVEYORS. 
License  required. 

Section  1.  It  shall  be  unlawful  for  ain-  person  to  be  engaged 
in  making  surveys  in  the  city  of  Omaha,  of  lots,  blocks,  streets, 
alleys,  parks  and  allotments  or  additions  to  the  city  of  Omaha, 
within  its  corporate  limits,  without  first  obtaining  a  license  to  carry 
on  such  survej'^s  under  the  regulations  and  in  the  manner  herein- 
after provided. 

Qualifications — Applications. 

Section  2.  Any  person  who  has  graduated  at  any  recognized 
scho'ol  of  engineering,  or  who  has  had  three  years  of  actual,  practical 
experience  as  a  surveyor,  shall  be  entitled  to  a  survej'or's  license, 
upon  filing  an  application  setting  forth  a  satisfactory  exhibit  of 
such  facts  with  the  city  engineer;  said  city  engineer  shall,  upon 
being  satisfied  as  to  the  correctness  of  the  facts  set  forth,  sign  his 
endorsement  thereon  and  file  the  same  with  the  city  clerk. 

License  fee — Bond — Term. 

Section  3.  The  applicant  for  a  surveyor's  license  upon  the 
approval  by  the  city  engineer  of  the  application,  shall  pay  to  the 
city  clerk  of  the  city  of  Omaha,  a  license  fee  of  ten  (SlO)  dollars; 
and  file  with  the  city  clerk  a  good  and  sufficient  bond  in  the  sum 
of  twenty-five  hundred  ($2,500)  dollars,  to  be  signed  by  himself 
as  principal,  and  two  responsible  freeholders  within  Douglas  county, 
as  sureties,  for  the  faithful  and  honest  performance  of  the  work 
entrusted  to  him  and  performed  during  the  term  of  such  license. 
All  licenses  shall   expire   on  December  31st  of  each  year. 

Monthly  report. 

Section  4.  During  the  first  week  of  each  month  every  li- 
censed surveyor  shall  file  with  the  city  engineer  a  certified  copy  of 
every  addition  or  subdivision  surveyed  by  him  during  the  previous 
month. 

Penalty. 

Section  5.  Any  violation  of  the  provisions  of  this  chapter 
shall  be  held  and  constitute  a  misdemeanor,  puni,^ha])lo  upon  con- 


REVISED    ORDINANCES.  479 

victlon  thereof  with  a  fine  of  not  less  than  ten  ($10)  dollars  nor  more 
than  fifty  ($50)  dollars  for  each  and  every  offense,  and  a  forfeiture 
of  the  license  obtained  thereunder. 

Plats  by  licensed  surveyors  only  approved. 

Section  6.  No  plat  of  any  division  or  subdivision  of  an  addi- 
tion to  the  city  of  Omaha  shall  hereafter  be  approved  by  the  mayor 
and  council,  nor  shall  any  survey  or  plat  of  any  street,  avenue, 
alley,  park  or  pulilic  ground  in  said  city  be  hereafter  received, 
accepted  or  approved  by  said  mayor  and  council,  unless  the  same 
shall  bo  the  work  of  a  surveyor  duly  licensed  as  herein  required. 

County  surveyor  excepted. 

Section  7.  The  provisions  of  this  chapter  shall  not  apply 
to  the  county  surveyor. 

Suspicious  Person. 

See  Misdemeanors,  Section  3. 

Sweepings  on  Streets. 

See  .Misdemeanors,  Section  24. 


480  REVISED    ORDINANCES. 


CHAPTER  LXXXIX. 

TAXES;  SET  OFF  AGAINST  CLAIMS. 

Section  1.  The  city  comptroller  is  hereby  authorized  and 
empowered,  whenever  an  account  or  claim  of  any  person,  company 
or  corporation  against  the  city  of  Omaha  is  presented  for  allowance, 
to  procure  from  the  city  treasurer  a  certificate  of  the  amount  of 
the  delinquent  personal  taxes  assessed  and  unpaid  against  the 
person,  company  or  corporation  iii  whose  favor  the  account  or 
claim  is  presented,  and  on  receipt  of  said  certificate  immediately  to 
notify  the  parties  interested  to  pay  such  personal  tax  within  five 
(5)  days,  or  the  amount  will  be  deducted  from  the  claim  as  allowed 
by  the  city  council  and  as  herein  provided.  If  said  tax  be  not 
])aid  within  the  time  specified  or  before  said  claim  is  allowed,  it 
shall  be  the  duty  of  the  comptroller  to  place  in  the  appropriation 
ordinance  two  items  in  favor  of  the  })erson  filing  such  claim  and 
representing  the  total  amount  of  such  claim  as  allowed,  one  item 
being  for  the  personal  taxes  and  interest  delinquent  and  due  from 
such  person,  company  or  corporation,  and  one  item  for  the  balance 
of  said  claim ;  and  the  comptroller  shall  deliver  the  warrant  for 
the  last  above-named  item  to  such  persoii  only  when  he  shall 
receive  a  receipt  in  full  for  such  account  so  allowed;  said  warrant 
for  taxes  shall  be  turned  over  to  the  city  treasurer,  who  shall  de- 
liver to  such  person  the  proper  tax  receipt,  showing  the  payment 
of  such  delinquent  personal  taxes  and  interest  for  the  years  such 
taxes   were   levied. 

Tainting  the  Air. 

See  Misdemeanors,  Section  55. 

Taxes  Cancelled,  Comptroller  give  Credit  for. 

See  ("oniptroUer  and  Trivtsiu'er,  Section  lo. 

Teams,  Leaving  on  Sidewalk. 

See  Msdenieanors,  Section  8S. 


l<i:ViSl':i)    OIIDTNANCES.  481 

CHAPTER  XC. 
TKLF.GRAPH.    TELEPHONE    AND    ELPXTRIC    WIRES. 

Plans  and  specifications. 

Section  1.  No  electric  current  shall  be  used  for  illuininatioii, 
decoration,  power  or  heating,  except  as  hereinafter  ]:)rovided. 

Section  2.  All  ))ei'sons,  firms  or  corporations  desirino;  to 
make  use  of  electric  currents  for  any  of  the  purposes  mentioned 
in  the  precedinjj;  section  shall,  before  commencing  or  doing  any 
electrical  construction  work  of  any  kind  whatever,  either  installing 
new  apparatus  or  repairing  apparatus  alread}^  in  use,  or  changing 
the  plan  of  wiring  of  any  l)uilding  or  section  thereof,  file  plans  and 
specifications  showing  such  apparatus  or  wiring  and  an  application 
for  a  permit  therefor  in  the  office  of  the  city  electrician,  which  shall 
describe  in  detail  the  plan  of  construction  and  material  and  appara- 
tus it  is  desired  to  use,  giving  the  locality  by  street  and  number, 
and  u])on  recei])t  of  which  ap])lication,  if  found  proper,  svrch  per- 
mit shall  be  given. 

Inspection. 

Section  3.  The  said  city  electrician  shall  have  power,  and  it 
shall  be  his  duty,  when  by  him  deemed  necessary,  to  carefully 
inspect  any  such  installation  previous  to  and  after  its  completion, 
and  it  shall  be  competent  for  him  to  remove  any  existing  obstruc- 
tions which  may  prevent  a  perfect  inspection  of  the  current-carry- 
ing conductors,  such  as  laths.  ]ilastering.  l)oarding,  or  flooring; 
and  if  such  installation  shall  })rove  to  have  been  constructed  in 
accordance  with  the  rules  and  requirements  of  the  city  of  (_)maha, 
controlling  the  use  of  electric  currents,  he  shall  issue  a  certificate 
of  such  inspection,  which  shall  contain  a  general  description  of 
the  installation  and  the  date  of  said  inspection.  The  use  of  electric 
current  is  hereby  declared  to  be  unlawful  prcxious  to  the  issuance 
of  said  certificate,  or  if  said  certificate  be  revoked;  J'rovided,  liow- 
-ever,  the  city  electrician  nuiy  issue;  a  temf)orary  |)ermit  for  the  use 
of  electric  current  (hii'ing  the  coui'se  of  construction  or  aitei'ation 
of  buildings,  wiiich  permit  shall  expii'c  when  t  he  elect  i-ical  apparatus 
for  such  building  is  fullv  installed. 


482  REVISED    OKDINANCES. 

Certificate. 

Section  4.  A  preliminary  certificate  may  be  issued  by  said 
city  electrician  iji  the  case  of  completed  installations,  but  upon 
which  no  current  will  be  used  in  the  immediate  future.  Such  pre- 
liminary certificate  shall  show  that  at  the  date  of  inspection  the 
installation  was  erected  in  accordance  with  the  terms  of  this  ordi- 
nance. Prior  to  the  introduction  of  electric  current  into  the  said 
premises,  a  second  inspection  shall  be  made,  when,  if  the  said  in- 
stallation is  still  in  accordance  v.'ith  the  terms  of  this  ordinance,  a 
complete  and  final  certificate  shall  issue.  Any  owner  or  owners 
of  property  installing  electric  wires  to  be  hidden  from  view  shall, 
prior  to  covering  such  wires,  give  said  city  electrician  a  reasonable 
notice  in  order  to  give  ample  time  for  inspection. 

Excavation. 

Section  5.  It  shall  be  unlawful  for  any  person,  company, 
association  or  corporation  to  make  any  excavation  in  any  street, 
alley  or  sidewalk  or  public  ground  in  the  city  of  Omaha,  or  to  erect 
any  poles  therein  for  the  purpose  of  placing  or  stringing  any  wires 
thereon,  any  telegraph,  telephone,  electric  light  or  power  wire,  or 
to  place  any  conductors  for  the  carrying  of  electric  energy  for  light, 
heat,  power  or  any  other  purpose,  without  first  obtaining  a  written 
permit  and  authority  so  to  do  from  the  city  electrician,  and  after 
making  application  for  such  authority  and  permit.  Such  ap]:)h- 
cation  shall  state  in  detail  the  location,  numl)er  height  and  size  of 
the  poles  to  be  erected,  the  sizes  and  insulation  of  wires,  the 
amount  to  be  strung  and  for  what  purpose  they  are  to  be  used,  and 
all  such  poles  and  conductors  shall  be  erected  in  such  manner  only 
as  said  city  electrician  shall  authorize,  permit  and  direct. 

Poles. 

Secticm  6.  The  said  city  electrician  is  hereljy  empowered  and 
it  is  made  his  duty  to  regulate  and  determine  the  placing  of  poles, 
the  pla6ing,  stringing  or  attaching  of  telegraph,  telephone,  district, 
electric  light,  power  and  other  wires  used  for  transmitting  electrical 
energy  and  their  supports  so  as  to  prevent  fire,  accident  or  injury 
to  persons  or  property,  and  to  cause  all  electric  conductors,  appara- 
tus and  their  supports  to  be  so  placed,  constructed  and  guarded  as 
not  to  cause  fires,  accidents  or  endanger  life  or  property,  and  any 
and  all  of  such  conductors,  apparatus  and  their  supports  now  exist- 
ing, as  well  as  those  hereafter  constructed  and  placed,  shall  be  sub- 
ject to  such  regulations. 


REVISED    OIIUINANCKS.  483 

Annual  Inspection. 

Section  7.  The  said  city  electrician  is  hereby  empowered  and 
it  is  made  his  duty  to  inspect  or  reinspect  all  overhead,  imderground 
and  interior  wires,  apparatus  and  their  supports  used  for  conduct- 
ing electric  current  for  light,  heat  or  power  at  least  once  in  each 
year  and  when  said  conductors,  apparatus  or  their  supports  are 
found  to  be  unsafe  to  life  or  property,  shall  notify  the  persons, 
firms  or  corporations  owning,  using  or  operating  them  to  place  the 
same  in  a  safe  and  secure  condition  within  forty-eight  (48)  hours. 
Any  person,  firm  or  corporation  failing  or  refusing  to  repair,  change 
or  remove  the  same  within  forty-eight  (48)  hours  after  the  receipt 
of  such  notice,  shall  l)e  subject  to  a  penalty  of  ten  ($10)  dollars  for 
each  and  every  day  such  conductors,  a]iparatus  or  their  sui)ports 
continue  to  be  in  an  unsafe  contlition. 

Control  of  current. 

Section  8.  That  the  said  city  electrician  shall  have  the  power 
to  cause  the  removal  of  all  electrical  conductors,  apparatus  or  their 
supports,  or  the  turning  off  of  the  current  from  any  circuit  or  build- 
ing if  not  in  compliance  with  the  rules  of  this  chapter  or  where 
the  same  interfere  with  the  work  of  the  fire  department. 

Removal  of  poles. 

Section  9.  That  the  city  electrician  shall  cause  all  wires  and 
poles  that  have  not  been  used  for  thirty  (30)  days,  and  which  are 
known  as  "dead  wires,"  or  "dead  poles,"  to  be  removed  at  the 
expense  of  the  owners,  and  during  said  period  when  said  wires 
are  not  used  they  shall  be  kept  in  as  safe  a  condition  as  the  wires  in 
use.  All  dead  wires  of  telephone  companies  shall  bo  detached 
from  the  ])uilding  in  which  the  same  have  been  used,  and  they  shall 
be  grounded  at  the  pole  nearest  said  building. 

Section  10.  That  all  fees  herein  rc(|uifO(l  shall  be  paid  to  the 
city  treasurer,  who  shall  receipt  for  the  same  in  du{)licate,  one  of 
which  receipts  shall  be  filed  in  the  office  of  the  city  electrician 
before  any  ]:)ermit  oi-  c(M-tificatc  i-c(|uif(Ml  by  this  ofdiiiaiice  or  its 
rules  sliall  be  issued. 

Fees. 

Section  11.  There  shall  be  chai-ged  by  the  city  elect  lician  fof 
the  issuance  of  permits  foi'  interior  wiring,  the  ])laciiig  of  electric 
apparatus,   inacliiiiery,    poles   ;iimI    fixtuics.   and    foi-   the   ;iiiiiual    re- 


484  REVISED    ORDINANCES. 

inspection   of  all  interior  wirin<i-,  poles,  fixtures  and  wires  placed 
tliereon.  the  following  fees: 

Permits  for  incandescent  wiring: 

1  to  100  lamps,  at  10  cents  per  lamp. 

Total  first  100  lamps,  $10.00  excess  at  5  cents. 
Total  first  200  lamps,  $15.00  excess  at  4  cents. 
Total  first  300  lamps,  $19.00  excess  at  3  cents. 
Total  first  400  lamps,,  $22.00  excess  at  2  cents. 
Total  first  500  lamps,  $24.00  excess  at  1  cent. 

Lamps  placed  outside  of  buildings  for  decorations  or  in  out- 
door signs,  and  temporary  lighting  in  buildings,  2  cents  per  lamp ; 
Provided,  that  no  permit  for  temporary  interior  lighting  shall  be 
granted  for  more  than  thirty  days. 

Minimum  charges  for  incandescent  Hght  permits.  $1.00. 

Permits  for  arc  lights: 

1  lamp,  $1.00  excess  at  50  cents. 

10  lamps,  $5.50  excess  at  25  cents. 

Permits  for  motors: 

1-horse  power  or  less,  $1.00  excess  at  50  cents. 

10-horse  power,  $5.50  excess  at  25  cents. 

Dynamos  to  be  charged  for  at  the  same  rate  as  motors,  except 
when  installed  in  connection  with  lamps  equal  in  number  to  the 
rating  of  the  dynamo.  No  charge  for  any  motor  or  dynamo  instal- 
lation to  exceed  the  sum  of  ten  ($10)  dollars.  The  above  regulation 
does  not  apply  to  street  railway  eciuipment. 

Permits  for  poles : 

1  pole,  $1.00  excess  at  25  cents. 

No  fees  shall  be  charged  for  permit  for  placing  overhead  wires, 
or  changing  or  removing  poles;  Provided,  that  all  fees  for  permits 
as  specified  shall  cover  all  costs  of  inspection  and  certificate  of 
inspection,  such  certificate  of  inspection  to  be  in  force  one  year. 

Inspection  fees  for  annual  inspections: 

Wiring  and  ajiparatus  in  buildings^ — 

Incan<lescent  lam])s,  1  to  100,  2  cents  per  lamp;  excess  at  1 
cent. 

Minimum  charge,  50  cents. 

Arc  lami)s,  1  to  5  lamps,  50  cents;   excess  at  5  cents  per  lamp. 


KEVISEO    ORDINANCES.  '  485 

Motors,  1-horse  power  or  less,  50  cents;  excess  at  20  cents  per 
horse  power. 

5-horse  power,  $1.30  excess  at  10  cents  per  horse  powei'. 
No  charge  to  exceed  the  sum  of  five  ($5)  dollars. 

Every  violation  of  the  provisions  of  this  section  shall  constitute 
a  misdemeanor,  and  the  persons  or  person  owning  or  operating 
any  wires  or  electric  apparatus,  or  maintaining  any  poles,  fixtures 
or  wires  upon  or  over  the  pul)lic  streets  and  thoroughfares  in  the 
city  of  Omaha,  without  a  certificate  of  inspection,  or  upon  a  cer- 
tificate which  has  expired  or  been  revoked,  shall  be  deemed  guilty 
of  a  misdemeanor  and  shall,  upon  conviction,  he  fined  not  less  than 
five  ($5)  dollars  nor  more  than  one  hundred  ($100)  dollars  for  each 
offense,  and  every  day's  neglect  or  refusal  to  procure  such  certifi- 
cate shall  constitute  a  separate  offense,  and  the  city  electrician  or 
his  deputy  shall  have  power  to  shut  off  the  current  from  any  build- 
ing using  electric  currents  for  lighting,  heating  or  power  |)urposes 
without  a  certificate  of  inspection. 

Daily  record. 

Section  12.  That  the  city  electrician  shall  keep  or  cause  to  be 
kept  a  full  and  complete  daily  record  of  all  work  done,  permits 
issued,  examinations  made,  or  other  official  work  performed,  and 
render  a  full  report  thereof  to  the  mayor  and  city  council  on  or 
before  the  first  Tuesday  of  January  of  each  year. 

Alterations. 

Section  13.  No  alterations  shall  be  made  in  any  installation 
without  first  notifying  the  said  city  electrician  and  submitting  the 
same  foi-  similar  inspection  as  above  provided. 

Number  of  lights. 

Section  14.  All  persons,  firms  or  corporations  engaged  in 
commercial  fighting  and  power  transmission,  and  fui-nishing  cur- 
rent to  consumers,  shall  on  the  first  day  of  each  month  furnish  the 
city  electrician  with  a  statment  of  the  number  of  arc,  incandescent 
lamp  and  motor  installations  connected  by  them  to  their  system, 
and  also  the  number  of  installations  of  which  the  service  has  been 
discontinued,  giving  the  name  of  subscribers  and  locality  by  street 
and  number. 


4:S6  REVISF.D    ORDIN'.^NCES. 

Rules. 

Section  15.  The  said  city  electrician  shall  have  the  right,  and 
it  is  made  his  duty,  to  prescribe  from  time  to  time,  reasonable  rules 
and  regulations  for  carrying  out  and  enforcing  the  provisions  of 
this  chapter,  such  rules  and  regulations  to  be  approved  by  the 
mayor  and  city  council,  and  shall  have  the  right  to  enforce  the  same 
as  well  as  the  provisions  of  this  chapter. 

Permit. 

Section  16.  That  all  companies,  firms,  corporations  or  indi- 
viduals doing  wiring  for  arc,  incandescent  light,  for  motors,  electric 
light  fixtures,  gas  lighting,  house  annunciators,  telephone,  auto- 
matic fire  alarms  and  outside  construction  for  light,  heat,  power, 
telephone,  telegraph  or  district  service,  shall  first  procure  a  general 
permit  from  the  city  electrician,  upon  the  payment  of  five  ($5)  dol- 
lars, and  passing  an  examination  before  an  examining  board  com- 
posed of  the  city  electrician,  city  engineer,  and  the  chief  of  the 
fire  department  (the  city  electrician  to  be  ex-officio  secretary  of 
said  examining  board),  showing  that  said  applicant  is  competent 
and  quahfied  to  do  and  engage  in  such  work.  Provided,  that 
before  such  permit  shall  issue,  said  company,  firm,  corporation  or 
individual  shall  deposit  with  the  city  treasurer  the  sum  of  fifty  ($50) 
dollars  by  him  to  be  held  and  known  as  an  electrical  fund  to  be  used 
only  to  make  good  any  defect  or  damage  caused  by  negligence, 
defective  or  inferior  work  of  the  party  making  such  deposit,  and 
upon  the  expiration  of  such  permit,  to  be  returned  by  order  of 
the  mayor  and  council,  upon  a  certificate  being  filed  with  the  city 
clerk  by  the  city  electrician.  And  be  it  Further  provided  that  be- 
fore such  permit  shall  issue ,  said  company,  firm,  corporation  or 
individual  i  hall  give  a  bond  to  the  city  in  the  sum  of  one  thousand 
($1,000)  dollars,  conditioned  that  they  will  in  good  faith  perform 
all  the  things  required  of  them  under  the  provisions  of  this  chapter; 
said  bond  to  be  approved  by  the  mayor  and  council  and  to  be  filed 
with  the  city  clerk. 

Penalty. 

Section  17.  Any  person,  company  or  corporation  who  shall 
violate  any  of  the  provisions  of  any  of  the  preceding  sections,  or 
fail,  neglect  or  refuse  to  comply  with  the  rules  and  provisions  of  the 
first  nineteen  sections  of  this  chapter,  or  who  shall  interfere  and 
tamper  with   any  electrical   apparatus   and  current-carrying  con- 


REVISED    ORDINANCES.  487 

(hictors,  or  who  shall  refuse,  fail  or  neglect  to  comply  with  any  order 
or  request  of  the  city  electrician  in  pursuance  of  or  by  the  authority 
of  any  of  the  provisions  of  the  said  nineteen  sections  or  rules  therein 
contained,  shall  ])e  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  in  tne  police  court  shall  be  fined  in  any  sum  not 
less  than  ten  ($10)  dollars  nor  more  than  two  hundred  ($200) 
dollars,  or  be  imprisoned  not  exceeding  thirty  (30)  days,  or  be  both 
hned  and  imprisoned  at  the  discretion  of  the  court. 

Rules, 

Section  18.  Rules  and  recpiirements  of  the  city  of  Omaha, 
Nebraska,  for  the  installation  of  overhead  and  undergro\uid  wires: 

Rule  1.  Before  any  wires,  caoles  or  conductors  are  run  for 
any  purpose  on  poles  or  fixtures,  or  from  the  top  of  any  building  to 
the  point  of  entering  any  building  for  service,  or  over  the  roofs  of 
buildings,  notice  thereof  shall  be  served  on  the  city  electrician  by 
the  party  doing  the  work. 

Rule  2.  When  a  line  is  completed  and  ready  for  inspection 
a  report  to  the  city  electrician  must  be  made  in  writing,  stating  to 
what  poles  and  fixtures  the  same  has  been  attached,  and  no  current 
shall  be  transmitted  over  such  line  until  a  certificate  of  inspection 
has  been  issued  therefor  by  the  city  electrician. 

Rule  3.  All  electrical  conduits  and  subways  shall  be  so  con- 
structed as  to  permit  the  drawing  in  or  removal  of  conductors  or 
cables  without  opening  the  street,  and,  so  far  as  practicable,  with- 
out disturbing  other  cables  or  parts  of  the  subway  construction. 

All  conduits  shall  provide  ample  mechanical  protection  to  the 
cables  therein  and  in  addition  whenever  it  may  be  necessary  tne 
ducts  themselves  shall  be  suitably  protected  from  outside  injury. 

All  conduits,  manholes  and  handholes  shall  be  made  water- 
tight and,  so  far  as  possible,  gastight.  The  ducts  nuist  be  so  ar- 
ranged that  the  moisture  can  drain  from  ducts  into  the  manholes. 

Manholes  and  handholes  shall  be  of  enduring  construction  and 
shall  be  kept  free  from  water  and  gas. 

No  manhole  or  handhole  shall  include  within  its  construction 
any  gas  pipe,  water  pipe,  sewer  pipe  oi-  any  other  foreign  construc- 
tion. 

Every  inanhole  and  handhole  cover  shall  permanently  bear 
the  name  or  initials  of  its  owDcr  aiid  a  serial  iiundxM'  by  which  it 
can  be  identified. 


488  REVISED    ORDINANCES. 

Every  subway  shall  be  provided  with  some  effective  means 
by  which  the  entrance  or  accumulation  of  gas  can  be  prevented. 

No  smoking  shall  be  permitted  in  or  near  any  open  manhole. 
When  a  manhole  is  opened  it  shall  be  carefully  examined  for  the 
presence  of  gas  before  any  flame  is  brought  near.  If  gas  is  present 
the  manhole  shall  be  effectively  ventilated  before  any  work  is 
begun  or  artificial  light  or  other  flame  is  used. 

Rule  4.  All  underground  cables  shall  be  protected  on  the 
outside  of  the  insulation  against  injury. 

The  insulation  of  all  high  power  wires  must  be  of  such  character 
and  thickness  as  not  to  be  injured  by  moisture,  Oy  the  bending  of 
the  cable  or  the  drawing  into  the  subways. 

At  each  manhole  and  handhole  every  cable  shall  have  a  tag 
securely  attached  with  wire,  marked  with  the  owner's  name  and  a 
number  by  which  it  can  1)e  identified. 

Rule  5.  Xo  person  shall  be  allowed  access  to  the  manholes, 
distributing  ])oxes  or  other  parts  of  the  subway  except  the  author- 
ized representatives  of  the  owners  of  the  ducts  and  the  city  elec- 
trician and  his  authorized  inspectors. 

No  manhole  covering  shall  be  removed  at  any  time  without 
a  sufficient  guard  in  the  street  while  the  manhole  is  open  and  until 
the  manhole  is  finally  closed  no  covering  shall  be  placed  on  the  open- 
ing. 

Rule  6.  Poles  shall  not  be  set  in  any  street,  alley  or  public 
ground  except  in  such  position  and  manner  as  the  city  electrician 
shall  approve. 

All  poles  shall  be  subject  to  the  approval  of  the  city  electrician. 
They  must  be  straight,  sound,  free  from  large  knots  and  shaved. 

Rule  7.  Poles  must  be  set  not  less  than  five  feet  in  the  ground 
and  six  inches  additional  for  everj^  five  feet  additional  length  above 
thirty  feet  and  must  be  solidly  tamped  and  the  sidewalk  must  be 
properly  repaired. 

Rule  8.  Poles  must  be  distinctly  stenciled,  painted  or  marked 
with  the  owner's  name  at  a  point  from  five  to  seven  feet  above  the 
ground. 

Rule  9.  Poles  must  be  set  into  the  sidewalk  not  more  than 
six  inches  from  the  outside  of  the  curb  and,  as  nearh^  as  possible, 
on  the  property  line,  except  where  they  are  designed  to  carry  wires 
on  the  cross  streets.  They  must  be  uiiiformly  spaced,  be  of  uni- 
form height  and  not  less  than  forty  to  the  mile. 


REVISED    ORDINANCES.  4^9 

Rule  10.  Poles  carrying  converters  must  be  stepped,  com- 
mencing eight  feet  from  sideAvalk. 

Rule  11.  Poles  now  standing  or  to  be  hereafter  erected  must 
be  suitably  painted  and  kept  so. 

Rule  12.  Each  line  of  poles  must  be  run  on  one  side  of  the 
street  only,  and  not  cross  to  the  opposite  side,  except  where  it  is 
absolutely  necessarj-. 

Rule  13.  Two  lines  of  poles  bearing  the  same  class  of  con- 
ductors shall  not  be  erected  on  the  same  street.  No  two  hues  of 
poles  bearing  conductors  of  a  high  and  low  pressure  service  shall 
be  erected  on  the  same  side  of  the  street. 

Rule  14.  The  upper  gain  of  every  pole  set  in  the  streets 
musi  be  reserved  for  wires  owned  by  the  city  for  its  fire  alarm  and 
police  telephones  and  signal  system. 

Rule  15.  Extensions  must  not  be  placed  on  poles  without 
the  approval  of  the  city  electrician. 

Rule  16.  Arms  on  poles  must  be  of  uniform  length,  and, 
where  designed  to  carry  four  or  more  wires,  must  be  supported  by 
iron  braces. 

Rule  17.  So-called  pole  brackets  must  not  be  used  on  poles, 
and  wires  must  be  run  on  cross-arms. 

Rule  IS.  The  poles  and  posts  used  for  the  transmission  of 
electricity  shall  be  insulated  in  such  manner  as  to  protect  employes 
and  other  persons  against  accident.  The  method  of  insulation 
must  be  approved  by  the  city  electrician. 

Rule  19.  A  plan  of  every  pole  to  be  set,  drawn  to  scale, 
must  be  filed  with  the  city  electrician  when  making  application  for 
permit,  showing  the  location. 

Rule  20.  Before  any  fixture  erected  upon  a  ])uilding  has 
wires  placed  thereon,  the  construction  of  the  fixture  must  be  ap- 
proved by  the  city  electrician.  They  shall  be  substantially  con- 
structed, firmly  secured  to  the  l)uilding  and  rigidly  l)raced.  They 
must  be  suitably  ])aintcd,  and,  at  a  ])oint  from  five  to  seven  feet 
from  the  roof,  must  ]ilaiii]y  beai'  the  name  of  tlie  company  or  per- 
son owning  it. 

Fixtures  nnist  not  be  located  over  skylights  oi-  i)l:i('ed  in  a 
position  that  will,  in  aJi\-  way,  interfere  with  free  passage  to  and 
from  the  roof. 


490  REVISED    ORDINANCES. 

Where  possible,  fixtures  must  be  placed  on  buildings  of  uni- 
form height,  to  avoid  the  sudden  rise  and  fall  of  the  conductors. 

Single  or  double,  each  fixture  must  bear  arms  of  uniform 
length  and  size,  and  the  lower  arm  must  be  of  sufficient  height  to 
give  the  wires  a  clearance  of  not  less  than  seven  feet  from  any  part 
of  the  roof. 

Every  line,  pole,  fixture,  wire,  etc.,  must  at  all  times,  be  kept 
in  thorough  order  and  repair. 

Rule  21.  All  wires  shall  be  fastened  on  poles  or  other  fixtures 
with  petticoat  glass  or  porcelain  insulators,  approved  by  the  city 
electrician,  and  must  be  stretched  tightly  and  fastened  with  the 
same  kind  of  wire. 

Rule  22.  No  wire  shall  be  stretched  within  four  inches  of 
any  building,  pole  or  other  object,  without  being  attached  to  it 
and  insulated  therefrom.  All  wires  strung  on  house  tops  must  be 
seven  feet  clear  of  roof. 

Rule  23.  No  wire  shall  hang  within  twenty-five  feet  of  the 
pavement  at  the  lowest  point  or  sag  between  supports,  except 
where  required  to  reach  a  lamp  or  other  connection,  and  must  then 
be  protected  by  extra  covering,  and  be  rigidly  fixed  and  out  of  the 
wa}'. 

Rule  24.  When  wires  are  to  be  brought  below  the  roof  of  a 
building,  the  drop  must  commence  at  the  top  of  the  same  building 
and  run  straight  down  between  and  not  in  front  of  windows,  hoist- 
ways,  etc..  and  as  near  the  wall  as  the  character  of  the  service  will 
admit. 

Rule  25.  All  drop  wires  designed  to  carr}'  an  electric  light  or 
power  current  must  be  heavily  insulated  with  insulation  of  the  best 
quality,  and  secured  substantially  to  insulators  placed  on  approved 
service  blocks. 

Rule  26.  No  wires  shall  be  secured  to  chimneys  or  in  any 
way  interfere  with  the  free  use  of  fire  escapes. 

Rule  27.  Wires  in  crossing  must  cross  above  or  below  the 
wires  of  another  company  and  not  amongst  a  group  of  wires. 

Rule  28.  Wires  must  cross  each  other  at  right  angles  as 
near  as  possible,  and,  where  it  can  be  done,  must  cross  on  arms 
secured  to  poles  or  fixtures. 

Wires,  when  not  attached  to  poles,  in  crossing  streets  must  not 
cross  below  the  roofs  of  buildings,  and  they  must  be  securely  at- 
tached to  roof  fixtures. 


REVISED    ORDINANCES.  491 

Wires  must  be  drawn  tavit  to  avoid  swinging  contacts  and  in 
such  cases  the  stretches  must  be  short. 

Rule  29.  Wires  on  the  same  arm  must  be  twelve  inches 
apart  and  the  arms  must  not  be  less  than  twenty  inches  apart. 

Wires  must  not  be  attached  to  the  upper  and  lower  sides  of 
the  same  arm  when  running  in  the  same  direction. 

Rule  30.  Telegraph,  telephone,  and  all  other  wires  of  like 
character  must  not  be  attached  to  the  same  arm  with  electric 
light  and  power  wires,  and  when  possible  must  run  on  a  separate 
line  of  poles  and  fixtures. 

When  rvmning  on  the  same  poles  wires  must  be  kept  at  all 
points  five  feet  apart. 

Rule  31.  Where  sharp  angles  occur,  or  where  it  is  necessary 
to  run  wires  in  such  a  way  that  the  tendency  is  to  lift  from  the 
insulator,  an  insulated  guard  iron  must  be  used  to  prevent  the 
wire  leaving  the  arm. 

Rule  32.  All  wires  when  attached  to  poles  or  fixtures  not 
owned  by  the  company  controlling,  the  wire  must  be  provided 
with  a  tag  at  the  insulator  showing  its  ownership. 

Any  wire  not  marked  to  distinguish  ownership  thereof  shall  be 
removed  by  the  city  electrician. 

Rule  33.  All  wires  designed  to  carry  an  electric  light  or 
power  current  must  be  covered  with  a  substantial,  high-grade 
insulation  not  easily  worn  by  friction,  and  whenever  the  insulation 
becomes  impaired  it  must  be  renewed  at  once;  this  applies  to 
joints  which  must  be  soldered  and  as  well  insulated  as  the  conductors. 

Rule  34.  All  connections  with  lines  of  electric  light  or  power 
conductors  shall  be  at  right  angles  to  same,  and  connections  to 
buildings  shall  be  run  straight  across  to  the  buildings  and  as  nearly 
horizontal  as  conditions  will  permit  and  then  down  the  face  of  the 
building. 

Rule  35.  Primary  wires  must  drop  down  at  right  angles  to 
the  mains  or  branches  and  be  firmly  secured  to  the  fixtures  and  an 
approved  grade  of  insulation  used  thereon. 

Rule  36.  Service  blocks  must  be  painted  to  prevent  moisture 
entering. 

Rule  37.  Every  lineman  shall  be  provided  with  a  badge  giv- 
ing his  number  and  the  name  of  the  company  by  whicli  he  is  em- 
ployed. 


492  REVISED    ORDINA.NCES. 

Section  19.  That  the  rules  and  regulations  of  the  National 
Board  of  Fire  Underwriters,  known  as  "The  National  Electrical 
Code"  of  1905,  and  the  April,  1905,  supplement  to  the  National 
Electrical  Code,  be  and  the  same  are  hereby  adopted  as  the  rules 
and  requirements  of  the  city  of  Omaha,  Nebraska,  for  electrical 
construction  work. 

Poles  on  street. 

Section  20.  No  person,  association  or  corporation  engaged 
or  about  to  engage  in  the  transaction  of  a  telephone  business  in 
the  city  of  Omaha  shall  hereafter  erect,  construct  or  maintain, 
except  as  herein  provided,  through,  along,  upon  or  over  the  streets, 
alleys  and  public  grounds  of  the  city  of  Omaha,  any  poles  or  over- 
head wires  for  the  purpose  of  telephonic  communication,  within 
that  part  of  the  city  of  Omaha  bounded  as  follows,  to- wit:  On  the 
south  by  Howard  street,  on  the  north  by  Cass  street,  on  the  east  by 
Tenth  street  and  on  the  west  by  Eighteenth  street.  All  telephone 
wires  within  the  above  described  limits  in  said  city  shall  be  placed 
in  underground  conduits  or  subAvays,  except  as  hereinafter  provided. 

Connections. 

Section  21.  The  necessary  connection  to  subscribers  or  indi- 
vidual telephones  may  be  made  from  wires  or  conductors  in  such 
underground  conduits  or  subways  in  such  manner  as  may  be  best 
adapted  to  the  location,  and  with  such  means  and  appliances  as 
may  be  appropriate  and  necessary,  Provided,  that  not  more  than 
one  pole  shall  be  erected  or  used  in  each  city  block  within  the  limits 
aforesaid  to  distribute  the  wires  from  such  underground  conduit 
or  subway  to  the  subscribers'  telephones  in  the  block  wherein  such 
pole  is  erected  and  used.  All  telephone  wires  within  the  Hmits 
aforesaid,  except  as  herein  provided,  are  hereby  required  to  be 
placed  underground;  and  all  telephone  poles,  brackets,  and  in- 
sulators within  the  limits  aforesaid,  except  as  herein  provided,  are 
hereby  required  to  be  removed  on  or  before  the  first  day  of 
December,  A.  D.  1905. 

Wires  underground. 

Section  22.  That  all  persons  or  companies  owning,  main- 
taining or  operating  electric  wires  or  other  wires  in  the  city  of 
Omaha  in  the  district  hereinafter  defined,  for  the  transmission  of 
electricity  for  telegraph  instruments,  shall,  on  or  before  the  first 
day  of  September,   1905,  place  underground  all   such  wires,  and 


IIEVISED    ORDINANCES.  493 

after  said  date  no  persons  or  companies  shall  be  permitted  to 
maintain  in  said  district  in  any  streets,  alleys  or  public  grounds  of 
said  city  any  electric  or  other  wires  for  the  purposes  mentioned 
above  without  first  complying  with  the  provisions  of  sections  22 
to  31  hereof,  both  inclusive. 

Limits. 

Section  23.  The  district  mentioned  in  section  22  of  this  chap- 
ter shall  be  that  portion  of  the  city  bounded. on  the  east  by 
Eighth  street,  on  the  west  by  Eighteenth  street,  on  the  south  by 
Jackson  street,  on  the  north  by  Capitol  avenue;  but  nothing  herein 
contained  shall  oe  construed  to  prevent  enlargement  of  said  dis- 
trict from  time  to  time  as  the  growth  of  the  said  city  may  require. 

Conduits. 

Section  24.  For  the  purpose  of  complying  with  th-e  above 
named  section  all  persons  or  companies  shall,  on  or  before  the  ex- 
piration of  thetime  aforesaid,  either  place  their  wires  in  under- 
ground conduits  already  constructed  or  construct  in  the  streets 
and  alleys  of  the  city  within  said  district,  underground  conduits 
with  all  necessary  appliances  and  devices  to  make  the  work  safe, 
modern  and  efficient.  All  such  construction  shall  be  located  in 
alleys  when  possible  and  under  the  supervision  of  the  city  en- 
gineer. 

How  placed. 

Section  25.  None  of  the  wires  referred  to  in  said  sections 
shall  be  placed  in  any  conduit  containing  wires  which  carr}'  cur- 
rent for  light,  heat  or  power,  nor  shall  any  of  these  wires  enter  an}- 
manhole  or  come  in  contact  any  where  with  such  apparatus,  wires, 
conduits  or  appliances  containing'wires  or  apparatus  carrying  cur- 
rent for  light,  heat  or  power. 

Location. 

Section  26.  Distributing  poles  for  distributing  underground 
wires  may  be  placed  in  alleys  between  streets.  Providing  no  such 
})ole  or  poles  are  placed  within  fifty  feet  of  the  curb  line  of  said 
street,  or  in  no  case  shall  the  overhead  wires  from  such  ))()les  be 
allowed  to  cross  the  streets. 

Cables — Where  used. 

Section  27.  In  the.  disti-icl  bounded  by  .lacksoti  sli-cci  on 
the  north,    I'iightii  street  on  the  east,  Leaven woi-th  slrcct   on   the 


494  REVISED    ORDINANlJES. 

south  and  Sixteenth  street  on  the  west,  all  groups  of  wires  for 
above  mentioned  purpose  shall  be  run  in  cables  on  joint  poles  with 
telephone  wires,  where  both  the  former  wires  and  the  telephone 
wires  are  to  be  carried. 

Miscellaneous  wires. 

Section  28.  All  wires  used  for  clocks,  burglar  alarms,  com- 
mercial printer,  night  watch  or  messenger  call  boxes  are  permitted 
to  be  run  overhead,  Provided  such  wires  be  not  attached  to  any 
poles  or  fixtures  placed  in  streets  and  be  so  arranged  that  they  will 
not  interfere  with  or  hamper  the  work  of  the  fire  dejjartment  in 
access  to  any  building  for  the  purpose  of  fighting  fires.  The  opinion 
of  the  chief  of  fire  department  shall  in  all  cases  be  considered  the 
final  authority  of  the  city  as  to  whether  any  overhead  wires  are 
maintained  in  violation  of  above  provision  of  this  section. 

Plat. 

Section  29.  Before  constructing  any  of  the  work  hereby 
required  the  said  persons  or  companies  shall  file  with  the  city 
engineer  a  plan  and  map  and  all  necessary  details  of  the  work, 
with  specifications  showing  the  material  to  be  used  and  the  method 
of  construction  to  be  employed,  all  of  which  shall  be  subject  to 
the  approval  of  the  city  electrician,  and  no  such  construction  shall 
be  commenced  until  the  plans  and  specifications  shall  have  been 
approved  by  the  city  engineer  and  permit  issued  for  such  con- 
struction, and  all  such  construction  shall  be  carried  on  under  the 
direction  of  the  city  engineer. 

Construction. 

Section  30.  All  persons  or  companies  constructing  such  sub- 
ways shall  as  fast  as  the  construction  of  such  progresses  promptly 
fill  all  openings  in  the  streets  and  alleys  and  relay  all  curbing,  pav- 
ing and  guttering  which  may  be  necessarily  removed  in  the  con- 
struction of  the  work,  and  shall  pay  all  damages  for  personal  and 
other  injuries  that  may  occur  either  to  private  individuals  or  cor- 
porations, as  well  as  to  the  city  of  Omaha,  resulting  from  or  growing 
out  of  the  negligence  or  want  of  care  of  said  persons  or  companies 
in  the  construction  of  any  of  the  work  herein  required. 

Wire — Interference  of. 

Section  31.  The  location  of  the  underground  work  herein 
provided  for  shall  not  interfere  with  sewers  constructed  or  in  ju-o- 


REVISED    ORDINANCES.  495 

cess  of  construction,  or  with  gas  or  water  pipes  already  laid,  or 
with  the  underground  work  of  any  electric  light  or  telephone  com- 
panies, and  must  be  located  and  constructed  without  unnecessary 
injury  or  inconvenience  to  the  public. 

Application. 

Section  32.  All  of  the  provisions  of  the  preceding  ten  sections 
shall  be  applicable  to  any  other  district  hereafter  created  or  to  any 
part  of  the  city  which  by  extension  of  the  district  herein  de- 
fined shall  be  included  therein. 

Penalty. 

Section  33.  Any  persons  or  companies  who  shall  maintain 
any  electric  wires  or  other  wires  in  the  streets  or  alleys  of  the  city 
of  Omaha  in  violation  of  the  preceding  eleven  sections,  shall  on  con- 
viction be  punished  by  fine  not  exceeding  one  hundred  (-1100) 
dollars,  and  all  such  wires  shall  be  removed  by  the  city  electrician 
after  thirty  days'  notice  in  writing. 

Underground  wires. 

Section  34.  That  all  persons  and  companies  owning,  main- 
taining or  operating  electric  wires  or  other  wires  in  the  city  of 
Omaha  and  in  the  district  hereinafter  defined  for  the  transmission 
of  electricity  for  light,  heat  and  power,  snail  on  or  before  the  1st 
day  of  October,  1905,  place  underground  all  such  wires,  and  after 
said  date  no  person  or  companies  shall  be  permitted  to  maintain 
in  said  district  in  any  streets,  alleys  or  public  grounds  of  said  city, 
any  electric  or  other  wires,  without  first  complying  with  the  pro- 
visions of  this  ordinance,  excepting,  however,  such  feeder  and 
trolley  wires  as  may  be  used  for  propelhng  street  cars,  and  tele- 
graph and  telephone  wires. 

Boundary. 

Section  35.  The  district  mentioned  in  section  34  of  this 
chapter,  shall  be  that  portion  of  the  city  bounded  on  the  east 
by  the  center  line  of  eighth  street;  on  the  south,  from  the  center 
lineof  eighth  street  to  the  center  line  of  thirteenth  street  by  the 
center  line  of  Leavenworth  street;  on  the  west,  from  the  center 
line  of  Leavenworth  street  to  the  center  line  of  .fackson  street, 
by  the  center  line  of  thirteenth  street ;  on  the  south,  froni  the  cen- 
ter line  of  tiiirteenth  street  lollie  ceiilei-  line  of  eighteenth  street ,  by 


496  REVISED    ORDINANCES. 

the  center  line  of  Jackson  street;  on  the  west,  from  the  center  hne 
of  Jackson  street  to  the  center  hne  of  Capitol  avenue,  by  the  center 
line  of  eighteenth  street;  and  on  the  north  by  the  center  line  of 
Capitol  avenue;  out  nothing  herein  contained  shall  be  construed 
to  prevent  the  enlargement  of  said  district  from  time  to  time, 
as  the  growth  of  the  cit}^  vciay  require. 

Limitation. 

Section  36.  For  the  jDurpose  of  complying  with  the  re- 
quirements of  sections  34  to  42  hereof  both  inclusive,  all  persons 
or  companies  shall  on  or  before  the  expiration  of  the  time  afore- 
said construct  in  the  streets  and  alleys  of  the  city  within  said 
district  underground  conduits,  with  all  necessary  appliances  and 
devices  to  make  the  work  modern,  safe  and  efficient;  all  such  con- 
struction shall  be  located  in  alleys  when  possible  in  preference  to 
streets  and  shall  be  located  under  the  supervision  of  the  city 
electrician. 

Poles,  location  of. 

Section  37.  Distributing  poles  for  wires  may  be  placed  in 
alleys  between  streets,  Providing  no  such  pole  or  poles  are  placed 
within  fifty  feet  of  the  curb  line  of  said  streets,  and  in  no  case 
^^'ill  the  overhead  wires  from  such  poles  be  allowed  to  cross  the 
streets.  For  street  arc  fights  and  fighting  street  intersections, 
laterals  may  be  run  from  the  main  subway. 

Plat. 

Section  38.  Before  constructing  of  the  work  hereby  required 
the  said  persons  or  companies  shall  file  with  the  city  engineer 
a  plan  and  map  and  all  necessaiy  details  of  the  work,  with  speci- 
fications snowing  the  material  to  be  used  and  the  method  of  con- 
struction to  be  employed,  all  of  which  shall  be  subject  to  the  in- 
spection of  the  city  electrician,  and  no  such  construction  shall  be 
commenced  until  the  plans  and  specifications  shall  have  been 
approved  by  the  city  engineer  and  all  such  construction  shall  be 
carried  on  under  the  direction  of  the  city  engineer. 

Restoring  street.  , 

Section  39.  All  persons  or  companies  constructing  such 
subways  shall  as  fast  as  the  construction  of  such  subways  or  con- 
duits progresses  promptly  fill  all  openings  in  the  streets  and  alleys 


REVISED    ORDINANCES.  497 

and  relay  all  curbing,  paving  and  guttering,  which  may  necessarily 
be  removed  in  the  construction  of  the  work,  and  shall  pay  all 
damages  for  personal  and  other  injuries  that  may  occur,  either 
to  private  individuals  or  corporations,  as  well  as  to  the  city  of 
Omaha,  resulting  from  or  growing  out  of  the  negligence  or  want 
of  care  of  said  persons  or  companies  in  the  construction  of  any 
of  the  work  herein  required. 

Pipes. 

Section  40.  The  location  of  the  underground  work  herein 
provided  for  shaU  not  interfere  with  sewers  constructed  or  in 
process  of  construction  or  with  gas  or  water  pipes  already  laid 
or  with  the  underground  work  of  any  telephone  company  and 
must  be  located  and  constructed  without  unnecessary  injury  or 
inconvenience  to  the  pubHc. 

Application. 

Section  41.     All    of    the    provisions    of    the    last  named  sec- 
tions shall  be   apphcable  to   any  other  district    hereafter    created 
or  to   any    part  of  the    city   which   by   extension  of    the    district^ 
therein  defined  shall  be  included  therein. 

Penalty. 

Section  42.  Any  person  or  companies  who  shall  maintain 
any  electric  wires  or  other  wires  in  the  streets  or  alleys  of  the  city 
of  Omaha,  in  violation  of  the  preceding  eight  sections,  shall  on 
conviction  be  punished  by  a  fine  not  exceeding  one  hundred  ($100.00) 
dollars  and  all  such  electric  wires  or  other  wires  shall  be 
removed  b}'  the  citj'  electrician  after   thirty  days'  notice  in  writing. 

Fire — Dangerous    wires. 

Section  43.  That  all  corporations,  compaiiies  and  in- 
dividuals owning  and  operating  overhead  electric  wires  shall  in 
time  of  fire  send  one  or  more  lineman  to  the  scene  of  fire  who  shall 
report  for  duty  to  the  chief  of  the  fire  department  or  the  city 
electrician  and  they  shall  disconnect  and  remove  any  wires  or 
cables  which  may  become  a  menace  to  life  or  property. 

City  Electrician,  office  created. 

Section  44.  That  the  office  of  city  electrician  is  hcrei^y 
created  to  bo  filled  by  the  appointment  of  a  pi-opoi-  ]K'rsoii  by  the 
mayor,  with  the  approval  of  the  city  council. 


498  REVISED    ORDINANCES. 

Salary. 

Section  45.  The  city  electrician  shall  receive  a  salary  of  or>f^' 
hundred  and  fifty  dollars  per  month  for  his  services  and  he  shaiT 
devote  all  his  time  to  the  performance  of  his  duties. 

Wires  for  electric  lighting  purposes. 

Section  46.  That  wires  used  as  conductors  for  electric 
lighting  purposes,  and  supports  for  the  same,  shall  be  erected  or 
placed  along  the  opposite  side  of  any  street  or  alley  that  is  occupied 
by  the  wires  of  any  fire  alarm  and  police  telegraph,  telegraph  or 
telephone  company. 

How  located  and  supported. 

Section  47.  AVhenever  it  is  necessary  for  an  electric  light 
conductor  to  approach  or  cross  the  line  of  any  fire-alarm  and 
police  telegraph,  telegraph  or  telephone  line,  the  same  shall  not 
approach  or  cross  at  a  distance  of  less  than  five  feet  either  above 
or  below  said  fire-alarm  and  police  telegraph,  telegraph  or  tele- 
phone wire,  and  shall  be  securely  fastened  on  supports  placed  as 
near  as  practicable  to  said  fire-alarm  and  police  telegraph,  telee- 
graph  or  telephone  lines,  or  shall  be  carried  in  troughs  or  boxes 
across  the  route  of  said  fire-alarm  and  police  telegraph,  telegraph 
or  telephone  line,  so  constructed  and  placed  as  to  prevent  the 
electric  light  and  police  telegraph  or  telephone  lines  coming  in 
contact  in  case  either  should  break  or  become  detached  from 
fixtures. 

Not  to  interfere  with  other  wires. 

Section  48.  That  no  wires  used  as  conductors  for  electric 
fighting  purposes  shall  [be  so  erected  or  placed  as  to  interfere 
by  contact,  induction  or  otherwise,  with  the  successful  operation 
of  any  fire-alarm  and  police  telegraph,  telegraph  and  telephone 
wire,  circuit  or  instrument. 

Duty  to  remove  interfering  wires. 

Section  49.  Whenever  any  such  wire  used  as  a  conductor 
for  electric  lighting  purposes  shall  be  so  erected,  placed  and  main- 
tained as  to  violate  any  of  the  provisions  or  the  three  preceding 
sections,  or  so  as  to  interfere,  by  contact,  induction  or  otherwise, 
with  the  successful  operation  of  an}'  fire-alarm  and  pofice  telegraphy 
telegraph  or  telephone  line,  circuit  or  instrument,  any  proper  city 
authority,   any  corporation,  or  person  owning  or  entitled  to  use 


REVISED    ORDINANCES.  499 

'  y  such  fire-alarm  and  police  telegraph,  telegraph  or  telephone 
•^",  circuit  or  instrument,  may  serve  upon  the  person,  company 
vy  corporation,  or  the  managing  agent  or  officer  thereof,  operating 
.my  such  wires  used  for  electric  fighting  purposes,  a  written  notice 
stating  the  manner  and  place  where  such  wires  are  so  erected, 
placed  or  maintained,  and  upon  receipt  of  such  notice  it  shall  be 
the  duty  of  such  person,  company,  corporation,  agent  or  officer  so 
served  to  remove  all  such  wires  specified  in  such  notice,  which 
are  erected,  placed  or  maintained  in  violation  of  any  or  the  pro- 
visions of  the  last  three  preceding  sections. 

Penalty  for  failure  to  remove  wires. 

Section  50.  Any  person,  company,  corporation,  agent,  or 
other  officer,  who  shall  neglect,  fail  or  refuse,  for  a  space  of  twent}^- 
four  hours  after  receiving  the  written  notice  described  in  the 
preceding  section  of  this  chapter  to  remove  such  wire  or  wires 
erected,  placed,  or  maintained  in  violation  of  any  provisions  of 
the  four  preceding  sections  of  this  chapter,  or  which  interfere  by 
contact,  induction  or  otherwise,  with  the  successful  operation  of 
any  fire-alarm  and  police  telegraph,  telegraph  or  telephone  wire, 
circuit  or  instrument,  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof,  shall  be  fined  not  to  exceed  the  sum  of  fifty 
(S50)  dollars,  and  shall  be  deemed  guilty  of  a  like  offense  and 
subject  to  a  like  fine  for  each  day  or  part  of  a  day  that  such  wire 
or  wires  remain  in  violation  of  said  sections. 

Subject  to  direction  of  city  electrician. 

Section  51.  The  location,  placing  and  manner  of  protection 
from  interference  or  contact  of  any  supports  and  wires  alluded 
to  in  the  preceding  five  sections  shall  be  at  all  times  subject  to 
the  direction,  under  the  terms  of  said  sections,  of  the  city  electrician. 

Interfering  with  poles  and  wires — Penalty. 

Section  52.  Any  person  who  shall  interfere  with,  cut,  injure, 
remove,  break  or  destroy  any  of  the  poles,  wires,  fixtures,  instru- 
ments or  other  pr()])(Miy  of  any  telegraph  oi-  lelcplionc  coiiipaiiy 
or  association  within  the  corporate  limits  of  this  city,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined   in   any  sum  iiot  exceeding  fifty  (S5())   dolhii's. 

Poles  subject  to  use  of  other  companies. 

Section  5.'^.  The  })()les  of  any  electric  light  coinpaiiy  sliall  he 
sul)ject  to  the  use  of  any  otlier  electric  light  conipaiiy  U^v  t  he  purpose 


500  REVISED    ORDINANCES. 

of  placing  or  stringing  electric  light  wires  thereon,  upon  payment 
to  the  company  owning  such  poles  of  such  sum  as  may  be  deter- 
mined by  the  mayor  and  council  to  be  fair  and  reasonable,  and  if 
the  ])oles  then  erected  are  not  of  sufficient  size  or  height  for  the 
support  of  all  electric  light  wires  desired  to  l)e  placed  thereon,  the 
same  shall  be  removed  and  the  company  owning  the  same  may 
replace  them  with  others  of  sufficient  size  and  height,  and  failing 
or  refusing  so  to  do,  any  other  company  shall  thereupon  have  the 
right  to  erect  such  poles,  under  the  direction  of  the  city  electrician. 

Subject  to  use  of  city. 

Section  54.  All  poles  and  fixtures  erected  for  telegraph, 
telephone  or  electric  light  purposes,  shall  be  subject  to  the  use  of 
the  city,  free  of  charge,  for  the  purpose  of  placing  and  maintaining 
thereon  any  wires  which  may  be  deemed  necessary  for  the  use  of 
the  police  or  fire  departments  of  the  citj'. 

Not  to  interfere  with  travel. 

Section  55.  All  telegraph,  telephone  and  electric  light  poles 
and  wires  shall  be  so  erected  and  placed  as  not  to  interfere  with 
ordinany  travel  through  the  streets  and  alleys  or  upon  the  side- 
walks of  said  city,  and  shall  be  subject  to  removal  within  sixty 
days  from  the  passage  of  any  ordinance  declaring  the  necessity 
of  the  removal  thereof  from  the  streets  and  alle^^s  of  said  city. 

Moving  buildings — Notice. 

Section  56.  Whenever  it  shall  he  necessary  for  any  person 
to  move  along  or  across  any  street  or  allej^  anj-  vehicle,  structure 
or  buildings  of  such  height  or  size  as  to  interfere  with  any  telegraph, 
telephone  or  electric  wire  poles  or  wires,  the  company  or  companies 
using  or  operating  such  poles  and  wires  shall,  upon  receiving 
twelve  hours'  notice,  temporarily  remove  such  poles  or  wires  as 
will  allow  or  admit  of  the  passage  or  such  vehicle,  structure  or 
building. 

Penalty. 

Section  57.  Any  person,  company,  association  or  corpora- 
tion violating  or  failing  to  comply  with  any  of  the  provisions  of 
the  four  last  preceding  sections  of  this  chapter  as  now  existing 
or  as  hereafter  amended,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  an}'  sum  not  less 
than  ten  ($10)  dollars  nor  exceeding  one  hundred  ($100)  dollars. 


REVISED    ORDINANCES.  501 

Poles  to  be  painted. 

Section  58.  That  telegraph,  telephone  and  electric  com- 
panies erecting  and  maintaining  telegraph,  telephone  and  electric 
wire  poles  in  the  public  grounds,  streets  and  alleys  of  the  city  of 
Omaha,  shall  be  and  are  hereby  reciuired  to  paint  said  poles  and 
to  keep  the  same  well  and  neatly  painted.  Said  poles  shall  each 
be  painted  with  two  colors  of  paint;  and  to  the  end  that  poles  of 
any  company  may  be  easily  distinguished  by  the  pubhc,  each  of  said 
companies  shall  select  two  colors  in  which  each  and  all  the  poles 
of  such  company  shall  be  painted;  and  no  company  shall  select 
or  use  a  combination  of  colors  that  has  already  been  selected  and 
used  by  another  company.  This  ordinance  shall  apply  as  well 
to  poles  already  erected  as  to  such  poles  as  may  hereafter  be 
erected.  Any  such  company  hereafter  erecting  any  telephone, 
telegraph  or  electric  wire  poles  in  the  public  grounds,  streets  or 
alleys  of  the  city  without  painting  the  same  as  herein  required, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  less  than  five  ($5)  dollars  nor  more  than 
twenty-five  ($25)  dollars  for  each  offense. 

Defacing  poles — Penalty. 

Section  59.  All  persons,  corporations  or  associations  are 
hereby  prohibited  from  tacking,  pasting  or  in  any  manner  attaching 
to  or  placing  upon  any  telegraph,  telephone  or  electric  wire  pole 
in  the  public  grounds,  streets  or  alleys  of  the  cit}'  of  Omaha,  any 
advertisement,  sign,  business  card,  announcement  or  other  thing 
whatsoever.  Any  person,  corporation  or  association  violating 
any  provision  of  this  section  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  for  each  offense 
not  to  exceed  twenty-five  ($25)  dollars,  or  imprisoned  not  to  ex- 
ceed ten  (10)  days,  or  both  fined  and  imprisoned  as  the  court 
shall  direct ;  Provided,  that  this  section  shall  not  apply  to  poles  that 
are  not  painted  as  herein  required. 

Tenements,  Unhealthy. 

See  Mi.sdenieanors,  Section  6.5. 

Theaters, 

See  Buildings,  Section  70,  et  seq. 
Sec  also  Circvisc.-;. 

Threats  and  Obsene  Language. 

See  Misdemeanors,;  Section  1 

Threats,  Menacing. 

.See  .Misdemeanors,  Section  76. 


502  REVISED    ORDINANCES. 

CHAPTER  XCI. 

TICKET  BROKERS. 
Procure  license. 

Section  1.  That  all  persons,  firms  and  corporations,  before 
engaging  in  the  business  of  railway  or  steamship  ticket  brokers  or 
scalpers  in  the  city  of  Omaha,  shall  be  required  to  take  out  a 
license  and  shall  pay  to  the  city  clerk,  as  a  license  fee,  the  sum  of 
ten  ($10.00)  dollars  per  year  for  each  office. 

Defines  ticket  broker. 

Section  2.  A  railroad  or  railway  or  steamship  ticket  broker 
or  scalper  is  one  who,  for  a  consideration,  buys  or  sells  railroad 
or  railway  passenger  tickets,  or  fractional  parts  of  such  tickets, 
purporting  to  be  good  for  one  or  more  persons  to  travel  to  and 
from  certain  places  on  a  railroad,  or  buys  railway  tickets  from 
the  general  public  at  prices  less  than  such  tickets  are  sold  by  the 
company  which  originally  issued  the  tickets. 

Bond. 

Section  3.  No  license  shall  be  granted  under  this  chapter 
until  the  person  or  persons,  company  or  corporation  applying 
therefor  shall  have  filed  with  the  city  clerk  a  bond  signed  by 
one  or  more  companies  of  recognized  and  established  responsi- 
biUty,  or  a  bond  with  two  good  and  sufficient  sureties,  to  be  ap- 
proved by  the  mayor,  in  the  sum  of  two  thousand  ($2,000)  dollars, 
conditioned  that  the  said  railway  ticket  broker  or  scalper  will 
refund  to  the  purchaser  or  purchasers,  on  demand,  the  money 
paid  to  the  said  railway  ticket  broker  or  scalper  for  any  ticket 
that  shall  have  been  rejected  for  a  passage  on  the  railway  or  rail- 
road for  which  said  broker  or  scalper  sold  such  ticket.  Provided, 
that  all  such  ticket  brokers  shall  furnish  the  buyer  with  a  schedule 
describing  the  number  and  kind  of  tickets,  signed  by  the  seller's 
name,  when  requested  to  do  so.  Each  surety  must  be  a  resident 
freeholder  of  Douglas  county,  Nebraska,  and  must  quahfy  in 
writing  that  he  is  worth,  in  real  estate,  twice  the  amount  of  the 
bond,  stating  the  location  of  his  real  estate,  and  that  it  is  free 
from  all  incumbrance. 


REVISED    ORDIiN'ANCES.  503 

H^ot  solicit — Where. 

Section  4.  It  shall  be  unlawful  for  any  person  engaged  in 
the  business. of  seUing  railroad  tickets  to  sell  or  to  offer  same  for 
sale,  or  solicit  customers,  from  a  window,  doorway,  or  any  opening 
of  a  building. 

Street  sales. 

Section  5.  It  shall  be  unlawful  for  any  person  or  persons 
to  sell  or  to  offer  for  sale  any  railway  or  railroad  tickets  upon  any 
of  the  streets,  alleys  or  sidewalks  in  the  city  of  Omaha. 

Penalty. 

Section  6.  Any  person,  or  persons,  company  or  corporation 
violating  any  of  the  provisions  of  the  five  preceding  sections,  upon 
conviction,  shall  be  fined  not  less  than  twenty-five  (S25.00)  dollars 
nor  more  than  fifty  ($50.00)  dollars  for  each  offense,  and  his  license 
may  be  revoked  by  the  mayor  of  the  city. 

Sale — Non-transferable  tickets. 

Section  7.  It  shall  De,  and  is  hereby  declared,  to  be  unlawful 
for  any  person  or  persons,  partnership  or  corporation,  or  any 
officer,  agent  or  employe  in  the  service  of  any  corporation  for  or 
in  its  behalf  now  or  hereafter  engaged  in  the  business  of  railroad 
ticket  broker,  whether  with  or  without  a  license  therefor,  in  the 
city  of  Omaha,  Nebraska,  to  buy,  sell  or  otherwise  acqviire  or  deal 
in  or  solicit  the  purchase  or  sale  of  any  railroad  or  railway  pass- 
enger ticket  or  other  evidence  of  passenger  transportation  which 
is,  by  its  terms,  plainly  expressed  on  its  face,  a  mileage,  excursion 
or  commutation  ticket,  where  it  appears  on  such  ticket  that  the 
same  was  issued  and  sold  below  the  regular  schedule  rate,  under 
contract  with  the  original  purchaser,  that  such  ticket  is  nontrans- 
ferable and  void  in  the  possession  of  any  other  person  than  the 
original  purchaser  thereof.  Anyone  violating  the  provisions  of 
this  section  shall,  upon  conviction,  be  fined  not  less  than  fifty 
($50.00)  dollars,  nor  more  than  one  hundred  ($100.00)  dollars 
for  each   and  every  offense. 

Certificate  required — Penalty. 

Section  8.  Each  and  every  person  or  persons,  partnership 
or  corporation,  now  or  hereafter  engaged  in  and  conducting  the 
business  of  railroad  ticket  brokers  in  Omaha,  Nebraska,  shall  be 


504  REVISED    ORDINANCES. 

required  to  give  a  certificate  to  each  and  every  purchaser  of  rail- 
road or  railway  tickets,  or  other  contracts  or  transportation  stat- 
ing the  date  upon  which  such  ticket  or  contract  of  transportation 
was  sold,  the  starting  point  and  destination  provided  for  by  the 
same  and  the  amount  paid  therefor,  and  such  certificate  shall 
be  signed  by  such  person  or  persons,  partnership  or  corporation, 
or  someone  in  their  respective  office,  for  and  in  their  behalf.  The 
signing  hereby  required  may  be  done  by  stamp.  Anyone  violat- 
ing the  provisions  of  this  section  shall,  upon  conviction,  be  fined 
not  less  than  fifty  ($50.00)  dollars  nor  more  than  one  hundred 
($100.00)  dollars  for  each  and  every  ofTense. 

Torpedoes  on  Tracks. 

^ee  ^lisdenieanors,  Section  107. 


REVISED  ORDINANCES.  505 

CHAPTER  XCII. 
TRANSIENT  DEALERS. 

Five  per  cent  of  value  required. 

Section  1.  That  all  transient  dealers,  or  sellers  of  any  goods, 
merchandise  or  bankrupt  stock,  before  offering  for  sale  an^-  goods, 
merchandise  or  bankrupt  stock  brought  to  the  city  for  the  pur- 
pose of  being  sold  by  auction  or  otherwise,  shall  pay  to  the  city 
treasurer  a  sum  equal  to  five  (5)  per  cent  of  the  fair  cash  value 
of  such  goods,  merchandise  or  stock. 

How  valuation  determined. 

Section  2.  For  the  purpose  of  determining  the  value  of 
such  goods,  merchandise  or  stock,  the  city  treasurer  may  accept 
the  sworn  statement  of  the  owner  or  seller  thereof,  or  may  cause 
an  appraisement,  or  examination  thereof,  to  be  made  by  some 
competent  person  to  be  selected  by  said  treasurer. 

Penalty. 

Section  3.  Any  person  or  persons  offering  for  sale  or  selling 
any  goods,  wares,  merchandise  or  bankrupt  stock  brought  to  this 
city  for  temporary  or  transient  sale,  without  first  paying  to  the 
city  treasurer  five  (5)  per  cent  of  the  value  thereof  as  herein  re- 
quired, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  not  less  than  ten  ($10)  dollars  nor  more 
than  one  hundred  ($100)  dollars,  and  each  day  any  such  goods 
may  be  offered  for  sale  without  complying  with  the  provisions 
of  this  chapter  shall  be  deemed  and  considered  a  separate  and 
distinct  violation  thereof. 

Treasurer,  Restrictions  upon. 

See  Comptroller  and  Treasurer,  Section  5,  et  seq. 

Trespassing,  Injuring  Trees. 

See  MisfU  ineaiior.s,  Sertion  46. 

Unlawful  Assemblage. 

Soe  M.sclenieaiiors,  Section  7. 

Vagrants. 

See  Miscenic'a::or.'^,  Section   I. 


506  (  REVISED    ORDINANCES. 

CHAPTER  XCIII. 
License.  VARIETY  SHOWS. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
firm  or  corporation,  to  open,  conduct,  manage  or  carry  on  any 
exhibition,  show  or  anmsement  of  the  kind  or  character  herein 
mentioned,  at  any  point  within  the  city  of  Omaha,  without  first 
obtaining  a  hcense  for  so  doing.  Provided,  That  no  hcense  shall 
be  required  for  any  such  exhibitions,  show^s  or  amusements  had 
or  held  in  any  hcensed  hall  or  theater  building.  Provided, 
further.  That  no  hcense  shall  be  required  for  church  or  school 
entertainments  when  given  for  educational  or  charitable  purposes. 

Rates. 

Section  2.  The  following  rates  shall  be  charged  for  hcenses 
issued  under  the  provisions  of  section  1  of  this  chapter: 

Each  exhibition  of  variety,  or  dancing  show  or  concert: 

Per  day $2.50 

Per  week '. 12.00 

Per  month 40.00 

Each  exhibition  of  ventriloquism,  sleight  of  hand  or  other 
trick  not  mentioned: 

Per  day $2.50 

Per  week 12.00 

Per  month 40.00 

Each  exhibition  of  mystic  or  mirror  maze: 

Per  day ^5-00 

Per  week 15.00 

Per  month 50.00 

Each  exhibition  of  an  illusion: 

Per  day $5.00 

Per  week 15.00 

Per  month 50.00 

Each  exhibition  of  hving  pictures: 

Per  day -^5.00 

Per  week 20.00 

Per  month 60.00 


REVISED    ORDINANCES.  507 

Each  exhibition  of  kinetoscope,  veriscope,  or  other  animated 
picture  device: 

Per  day : $5.00 

Per  week 20.00 

Per  month 60.00 

Each  exhibition  of  cyclorama: 

Per  day .   $5.00 

Per  week 20.00 

Per  month 60.00 

Each  exhibition  of  scenic  or  pleasure  railway  or  device  known 
as  shooting  the  chutes,  per  day $100.00 

Penalty. 

Section  3.  Any  person  or  persons,  firm  or  corporation  who 
shall  fail  or  neglect  to  take  out  a  license  as  required  by  sections 
1  and  2  of  this  chapter,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  in  any  sum  not  less 
than  $10.00,  nor  more  than  $50.00. 

Clairvoyants. 

Section  4.  Persons  engaged  in  the  business  of  clairvoyant, 
palmist,  fortune  teller,  trance  or  life  reader,  for  pay,  shall  pa}' 
a  license  fee  at  the  rate  of  $15.00  per  six  months,  or  $30.00  per 
year. 

Penalty. 

Section  5.  Any  person  or  persons,  who  shall  fail  or  neglect  to 
take  out  a  hcense  as  required  by  section  4  of  this  chapter,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  fined  in  any  sum  not  less  than  $5.00,  nor  more  than  $25.00. 

License. 

Section  8.  Any  person  may  procure  a  license  as  provided 
by  this  chapter  by  making  written  application  therefor  to  the 
city  clerk  setting  forth  therein  his  proposed  place  of  business  and 
tlie  time  for  which  such  Hcense  is  desired,  and  on  paying  to  said 
city  clerk  the  license  fee,  as  in  this  chapter  provided. 


508  REVISED    OKDINANCKS. 


CHAPTER  XCIV. 

Licensed  required.  VEHICLES. 

Section  1.  It  shall  be  unlawful  for  any  person  or  persons, 
firm  or  corporation,  to  hire  out  or  keep  or  use  for  hire,  or  cause 
to  be  kept  or  used  for  hire  for  carrying  or  conveying  passengers, 
or  to  run  on  established  routes  or  lines  within  the  limits  of  the  city  of 
Omaha,  any  hack,  carriage,  coupe,  hansom  cab,  omnibus,  express 
wagon,  herdic  coach,  vehicle  or  vehicles,  carriage  or  carriages,  or 
sleighs  of  any  description  or  name  whatsoever,  upon  the  public  streets 
or  alleys  of  the  city  of  Omaha,  without  a  license  first  had  and 
obtained  for  the  same.  It  shall  be  unlawful  for  any  person  or  per- 
sons, firm  or  corporation,  to  keep  for  hire,  or  cause  to  be  kept  or 
used  for  hire  at  any  barn  or  livery  stable  in  the  city  of  Omaha, 
any  of  the  carriages  or  vehicles  named  in  this  section  without  first 
having  obtained  a  license  therefor.  Provided,  the  provisions 
of  this  section  shall  not  apply  to  vehicles  kept  and  used  solely 
in  the  prosecution  of  the  ordinary  business  of  a  livery  stable. 

Clerk  authorized  to  issue  license. 

Section  2.  The  city  clerk  is  hereby  authorized  to  issue 
license  in  the  manner  provided  by  law  and  ordinance,  duly  attested 
and  under  the  seal  of  the  said  city,  to  any  person  or  persons,  re- 
sidents of  the  said  city,  over  the  age  of  eighteen  years,  and  being 
the  owner  or  owners  or  drivers  of  either  or  any  of  the  vehicles  or 
carriages  mentioned  in  this  in  the  preceding  section,  and  to  keep  and 
use  for  hire  and  the  conveyance  of  persons,  or  run  on  established 
lines,  any  or  either  of  said  carriages  or  vehicles,  upon  every  such 
owner  executing  a  bond  running  to  the  city  of  Omaha,  as  here- 
inafter provided,  and  paying  a  license  fee  as  hereinafter  fixed. 

License  transferable — May  be  revoked. 

Section  3.  All  licenses  granted  under  the  two  preceding 
sections  may  be  transferred  by  the  licensees  wnth  the  written  con- 
sent of  the  mayor  endorsed  thereon.  Any  license  issued  under 
this  ordinance  may  be  revoked  by  the  mayor  upon  the  convic- 
tion of  the  licensee  of  having  violated  any  provisions  hereof. 

Section  4.  Before  any  license  shall  issue  to  any  person  to 
keep  or  use  for  hire  or  drive  any  hack,  coach,  cab  or  other  vehicle 


REVISED    ORDINANCES.  509 

for  the  carriage  of  passengers,  such  owner  or  owners  shall  ex- 
cute  a  bond  to  the  city  of  Omaha,  in  the  sum  of  two  hundred 
($200.00)  dollars  to  be  approved  by  the  city  clerk,  and  condi- 
tioned for  the  faithful  observance  of  all  the  provisions  of  the 
three  preceding  sections. 

Register  of  licenses. 

Section  5.  It  shall  be  the  duty  of  the  city  clerk  to  keep  a 
register  of  the  name  of  the  person  or  persons  to  whom  any  license 
is  granted  or  transferred,  the  date  when  issued  or  transferred, 
the  number  of  the  license,  and  the  description  of  the  vehicle  licensed. 
All  licenses  granted  under  the  preceding  four  sections  hereof, 
unles  revoked,  shall  continue  in  force  for  and  during  the  time 
for  which   they  are  issued. 

Number  of  license  on  vehicle. 

Section  6.  Every  person  so  licensed  shall  forthwith  cause 
the  number  of  his  license  to  be  plainly  painted  in  figures  at  least 
one  and  one-half  inches  in  length,  in  a  conspicuous  place  on  the 
outside  of  each  side  of  the  vehicle,  or  on  the  lamps  thereof  (if  the 
vehicle  has  lamps),  and  shall  keep  the  same  plain  and  distinct 
at  all  times  when  used,  during  the  continuance  of  such  license, 
but  upon  the  expiration  of  said  license,  or  upon  revocation  of  the 
same,  such  person  shall  immediately  cause  the  said  name  and  num- 
ber to  be  erased  from  said  vehicle,  and  shall  not  allow  said  vehicle 
to  be  used  with  the  said  name  or  number  thereon. 

Lamps — Numbers — Door-knobs. 

Section  7.  Every  hack,  coach,  cab,  hvery  carriage  or  other 
vehicle  for  the  conveyance  of  persons,  when  driven  or  used  for 
hire  or  waiting  or  standing  for  use  on  any  pubhc  street  or  place, 
in  the  night  time,  shall  have  fixed  upon  some  conspicuous  part 
of  the  outside  thereof  a  hghted  lamp,  with  i)lain  glass  front  and 
sides,  with  the  number  of  the  license  painted  with  black  paint 
in  the  center  of  the  glass  and  sides  and  front  of  each  of  said  lamps, 
in  distinct  and  legible  figures,  at  least  one  and  one-half  inches 
in  length,  and  so  placed  that  the  said  numbers  and  lamps  may  be 
distinctly  seen.  And  every  hack,  coach,  cab,  cai-riage  or  other 
vehicle  for  the  conveyance  of  ))assengers  which  has  a  door  or  doors 
to  the  same  shall  have  a  knol)  or  handle  upon  tiie  inside  of  such 
door  or  doors.  l)y  wliicli  said  door  or  doors  may  be  easily  opened 
from  llie  inside  of  sneli  \-eliicle. 


510  REVISED    ORDINANCES. 

Omnibuses — Lamps — Numbers. 

Section  8.  All  omnibuses  running  within  the  city  and  re- 
quired to  be  licensed,  shall,  when  running  in  the  night  time,  have 
fixed  in  some  conspicuous  place  in  the  front  thereof,  so  as  to  be 
distinctly  seen  from  the  inside  and  outside,  a  lighted  lamp  with 
the  number  of  the  license  distinctly  painted  thereon,  in  figures 
not  less  than  one  and  one-half  inches  in  length. 

License  to  designate  number  of  vehicle. 

Section  9.  All  licenses  granted  under  the  preceding  sections 
hereof  shall  designate  the  hack,  cab,  omnibus,  herdic,  coach,  or 
other  vehicle  by  its  number  or  name,  and  the  owner  or  owners, 
driver  or  drivers,  shall  be  severally  liable  for  each  and  every  viola- 
tion of  the  preceding  sections  hereof  by  such  owner  or  owners, 
driver  or  drivers. 

Driver  to  wear  badge. 

Section  10.  Every  person  so  licensed  shall,  while  acting 
as  driver  of  such  vehicle,  wear  conspicuously,  on  his  left  breast 
of  the  coat  or  outer  garment,  a  badge  consisting  of  a  rectangular 
silver  plate  or  plated  metal,  one  and  three-fourth  inches  long  and 
one  and  one-eight  inches  wide,  having  the  corners  cut  off;  and  on 
said  plate  shall  be  engraved  the  word  "Hack,"  or  other  word 
designating  the  kind  of  vehicle  which  he  is  licensed  to  drive,  in 
letters  not  less  than  five-sixteenths  of  an  inch  long,  and  the  num- 
ber of  the  hack  or  other  vehicle  in  figures  not  less  than  seven- 
sixteenths  of  an  inch  long,  said  letters  and  figures  to  be  boldly 
cut  in  Roman  characters  and  filled  in  with  black;  said  badge  shall 
be  provided  with  a  pin  or  other  fastening  by  which  the  same  may 
be  and  shall  be  worn  in  a  conspicuous  place  on  the  outside  of  the 
breast  of  the  coat,  so  that  it  may  not  be  hidden  either  liy  accident 
or  design. 

Penalty. 

Section  11.  Any  person  who  shall  keep  or  drive,  or  cause 
to  be  kept  or  driven,  any  hack,  coach,  cab,  omnibus,  herdic,  coach 
of  other  vehicle  for  the  conveyance  of  persons  from  place  to  place 
within  the  city  of  Omaha,  for  hire  or  reward,  without  being  ficensed 
as  aforesaid,  shall  be  liable  to  a  fine  of  not  less  than  ten  (SIO) 
dollars  and  not  more  than  fifty  ($50)  dollars  for  each  and  every 
offense. 


REVISED    ORDINANCES.  511 

Rates  charged  for  license. 

Section  12.  Before  issuing  license  for  passenger  vehicles 
the  city  clerk  shall  require  the  applicants  for  such  licenses  to  pay 
to  him  the  following  fees: 

For  all  omnibuses,  cabs  or  hacks  running  in  connection  with 
hotels,  all  omnibuses,  accommodation  coaches  and  herdic  coaches 
running  upon  established  lines  and  at  stated  periods  from 
place  to  place  within  the  city,  all  hacks,  hackney  coaches,  coupes, 
carriages  and  cabs  or  other  vehicles  drawn  by  one  or  two  horses 
or  other  animals,  occupying  any  public  stand  or  running  for  the 
conveyance  of  passengers  for  hire  or  reward,  within  the  city  of 
Omaha,  the  sum  of  five  (S5.00)  dollars  each  per  annum. 

Livery  stable  vehicles. 

Section  13.  That  any  person  or  persons,  firm  or  corporation 
owning  or  having  in  charge  or  hiring  out  any  carriage,  wagon, 
sleigh  or  other  vehicle  to  be  used  in  going  about  the  streets,  alleys 
or  thoroughfares  of  the  city,  advertising  any  show,  theater  or 
public  exhibition  or  entertainment,  or  any  auction  or  public  sale, 
shall  pay  a  license  fee  of  fifty  ($50)  dollars  per  year,  and  no 
license  shall  be  granted  for  less  than  one  year,  the  year  to  end 
on  the  30th  day  of  June  or  the  31st  day  of  December  as  the  case 
may  be. 

Rates  of  fare. 

Section  14.  The  maximum  prices  or  rates  of  fare  to  be  asked 
or  demanded  by  any  owner  or  driver  of  any  vehicle,  of  the  class 
herein  mentioned  for  the  carriage  of  passengers,  shall  be  as  follows  : 

Article  1. — For  conveying  one  passenger  from  one  railroad 
depot  to  another,  when  the  same  are  within  two  niiles  of  each 
other,  fifty  (50)  cents;  and  for  each  additional  passenger  (children 
excepted)  when  of  the  same  party  or  family  and  when  the  fare 
for  all  is  paid  by  one  person,  twenty-five  (25)  cents. 

Article  2.  For  conveying  one  passenger  from  one  point  to 
another  within  the  following  hmits,  to- wit:  From  the  south  side 
of  Bancroft  street  on  the  south,  the  north  side  of  Grace  street  on 
the  north,  the  west  side  of  28th  street  on  the  west  and  the  Missouri 
river  on  the  east,  fifty  (50)  cents,  and  for  each  additional  passenger 
within  said  Hmits,  of  the  same  party  or  family  twenty-five  cents. 


512  REVISED    ORDINANCES. 

Article  3. — For  conveying  one  passenger  one  mile,  or  part 
of  a  mile,  outside  of  said  limits  named  in  article  2,  fifty  (50)  cents. 
For  each  and  every  additional  person,  when  of  the  same  party  or 
family,    twenty- five    (25)    cents. 

Article  4. — For  conveying  children  between  the  ages  of  five 
and  twelve  3-ears  within  the  limits  named  in  article  2,  and  for 
each  mile  or  part  of  a  mile  outside  the  same  twenty-five  (25)  cents 
each.     Children  under  five  years  free. 

Article  5.  For  the  use  of  any  carriage  or  vehicle  drawn  by 
two  or  more  horses  or  other  animals  by  the  hour  with  one  or  more 
passengers,  with  the  privilege  of  going  from  place  to  place  and 
stopping  as  often  and  long  as  may  be  required,  two  ($2)  dollars 
for  the  first  hour  and  for  each  additional  hour  or  part  of  an  hour, 
one  ($1)  dollar. 

Article  6.  For  the  use  of  any  hack,  cab  or  other  vehicle 
drawn  b}-  one  horse  or  other  animal,  by  the  hour,  with  the  privilege 
of  going  from  j^lace  to  place,  with  one  or  more  passengers,  and 
stopping  as  often  and  as  long  as  may  be  required,  one  ($1)  dollar  for 
the  first  hour  and  for  each  additional  hour  or  part  of  an  hour, 
seventy- five  (75)  cents. 

Baggage. 

Section  15.  Every  passenger  shall  be  allowed  conveyance, 
without  charge,  upon  the  vehicles  herein  named,  of  his  or  her 
ordinary  hand  baggage,  and  each  and  every  passenger  paying  the 
full  fare  of  fifty  (50)  cents  herein  provided  shall  be  entitled  to  free 
conveyance,  upon  the  vehicles  named,  or  baggage  wagons  running 
in  connection  therewith,  of  one  trunk  not  exceeding  150  pounds 
in  weight;  for  each  additional  trunk  not  exceeding  150  pounds 
in  weight,  twenty-five  (25)  cents  may  be  collected;  and  for  each 
and  every  trunk,  not  exceeding  150  pounds  in  weight  belonging 
to  passengers  paying  only  twenty-five  (25)  cents  fare ;  twenty-five 
(25)   cents  may  be  collected. 

The  provisions  of  this  section  shall  also  apply  to  transfer  and 
baggage  hnes  hauling  trunks  and  similar  baggage  in  connection 
with  the  carriage  of  passengers;  Provided,  that  when  one  or  more 
trunks  are  taken  from  or  delivered  to  points  within  the  limits  and 
under  the  conditions  prescribed  for  carriage  of  passengers,  but 
unaccompanied  by  passengers,  the  same  rate  may  be  charged  there- 
for as  is  allowed  to  be  charged  for  passengers  alone. 


REVISED    ORDINANCES.  513 

Articles  left  in  vehicle — Penalty. 

Section  16.  Whenever  any  package  or  article  of  baggage, 
or  goods  of  an}'  kind,  shall  be  left  in  or  on  any  hack,  coach,  cab, 
omnibus,  car,  herdic  coach,  carriage,  dray,  cart,  wagon,  or  other 
licensed  vehicle  for  the  conveyance  of  passengers,  goods  or  baggage, 
or  when  an}^  such  package  or  article  shall  be  left  in  the  custody  of 
the  driver  of  any  such  vehicle,  such  driver  shall,  upon  the  discovery 
of  such  package  or  article,  forthwith  deliver  the  same  at  police 
headquarters,  into  the  hands  of  the  officer  in  charge  thereof,  un- 
less such  package  or  article  shall  be  sooner  delivered  to  the  owner 
thereof.  Any  neglect  or  refusal  on  the  part  of  the  owner  or  driver 
of  any  vehicle  as  aforesaid,  to  comply  with  the  provisions  hereof, 
and  any  violation  of  anj^  clause  or  provision  of  this  section  shall 
subject  the  driver  to  the  penalty  of  not  less  than  ten  (SIO)  dollars 
and  not  more  than  one  hundred  ($100)   dollars  for  each  offense. 

Rates  of  fare  to  be  kept  in  vehicle — Penalty. 

Section  17.  There  shall  be  fixed  in  every  hack,  coach,  cab 
or  other  vehicle  for  the  conveyance  of  passengers  for  hire,  in  such 
manner  as  can  be  conveniently  read  by  any  person  riding  in  the 
same,  a  printed  card,  to  be  furnished  by  the  license  inspector, 
showing  the  rates  of  fare  to  be  charged,  with  the  name  of  the 
owner  of  such  vehicle  and  the  license  number  of  said  vehicle  written 
or  printed  on  said  card,  under  a  penalty  of  not  less  than  ten  ($10) 
dollars  and  not  more  than  one  hundred  (SlOO)  dollars  for  each 
offense,  and  revocation  of  license,  and  any  person  or  persons 
mutilating,  tearing  down  or  destroying  the  card  herein  provided 
for  shall  be  fined  in  a  sum  not  less  than  five  ($5)  dollars  nor  more 
than  twenty-five  ($25)  dollars  upon  conviction  thereof. 

Hour  and  mile  rates — Detention. 

Section  18.  In  all  cases  when  the  hiring  of  a  hack,  coach, 
cab  or  other  vehicle  for  the  conveyance  of  passengers  is  not,  at 
the  time  of  the  hiring  thereof,  specified  to  be  by  the  hour,  it  shall 
be  deemed  to  be  by  the  mile,  and  for  any  detention  exceeding 
fifteen  minutes,  when  so  working  by  the  mile,  tlic  owner  oi'  driver 
may  (Icmaiid  at  the  rate  of  one  ($1)  doHai-  \)vv  houi-. 

Not  entitled  to-pay  unless  number  and  rates  appear. 

Section  19.  The  owner  f)r  driver  of  any  hack,  coacli  or  other 
vehicle  for  the  conveyance  of  passengers  sliall  not  demand  or  be 


514  REVISED    ORDINANCES. 

entitled  to  receive  any  pay  for  the  conversance  of  any  passenger, 
unless  the  number  of  the  carraige  and  the  rates  of  prices  be  con- 
spicioiisly  fixed  on  and  in  said  vehicle  as  provided  by  ordinance. 

Penalty  for  excessive  fare. 

Section  20.  The  owner  or  driver  of  any  such  coach  or  cab, 
carriage  or  hack,  for  the  conveyance  of  passengers,  who  may  have 
demanded  and  received  any  fare  in  excess  of  what  is  provided  for 
in  this  chapter  shall  return  the  excess  received  and  be  liable  to  a 
penalty  of  not  less  than  one  ($1)  dollar  nor  more  than  one  hundred 
($100)   dollars  for  each  and  every  offense. 

May  demand  fare  in  advance'. 

Section  21.  An3\  person  or  persons  engaging  any  cab,  car- 
riage or  other  vehicle  for  the  carriage  of  passengers  for  hire  whose 
driver  or  proprietor  shall  have  a  permit  from  the  city  of  Omaha 
to  use  the  same,  who  shall  neglect  or  refuse  to  pay  the  lawful 
rates  or  fare  established  by  the  ordinances  of  the  city  of  Omaha 
for  the  use  of  such  cab,  carriage  or  other  vehicle,  shall  be  deemed 
guilty  of  disorderly  conduct  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  exceeding  fifty  ($50.00)  dollars  and  be 
required  to  pay  the  proper  fare  to  the  driver  of  such  vehicle,  and 
any  such  person  shall  be  liable  to  immediate  arrest  for  disorderly 
conduct  by  any  police  officer  upon  wrongfully  refusing  or  neglect- 
ing to  pay  such  fare  or  rates. 

Penalty  for  refusal  to  convey  passenger  or  baggage. 

Section  22.  No  owner  or  driver  of  any  hack,  coach,  cab, 
carriage  or  other  vehicle  shall,  w^hen  not  otherwise  engaged  or 
occupied  in  the  performance  of  his  duties  as  a  licensee  under  the 
provisions  of  this  chapter  refuse  to  convey  in  said  city  any  person, 
with  or  without  baggage,  when  applied  to  for  that  purpose,  the 
proper  fee  therefor  being  tendered,  or  having  un.dertaken  to 
convey  such  person,  shall  omit  or  neglect  to  do  so,  under  a  penalty 
of  not  less  than  five  ($5)  dollars  nor  more  than  fifty  ($50)  dollars 
for  each  and  every  offense. 

Penalty  for  other  violations  of  ordinance. 

Section  23.  If  any  person,  owner  or  driver  having  charge 
of  any  hack,  coach,  cab,  carriage  or  other  vehicle  not  numbered, 
or  not  provided  with  lamps  fixed,  lighted  and  numbered,  as  here- 


REVISKD    ORDINANCES.  515 

iiibefore  reciuired,  or  not  furnished  with  proper  or  suitable  horses 
and  harness,  or  improperly  obstructing  the  way  or  street,  shall 
refuse  or  neglect,  when  ordered  by  the  chief  or  captain  of  police, 
or  other  police  officers,  to  move  away  his  vehicle  or  horses  from 
the  stand  or  other  place  which  may  be  occupied,  shall  on  con- 
viction thereof  be  fined  in  a  sum  not  less  than  five  ($5)  dollars  nor 
more  than  one  hundred  (SlOO)   dollars. 

Driver  to  give  number  and  name  of  owner. 

Section  24.  Every  owner  or  driver  of  any  hack,  coach,  cab, 
or  other  vehicle  for  the  carriage  of  passengers  shall,  upon  being 
requested  so  to  do,  give  to  any  person  or  persons  the  number  of 
his  coach,  carriage,  hack,  or  other  vehicle,  the  name  of  the  owner 
or  driver  thereof,  and  their  place  of  abode  and  stable. 

Stands — Board  of  police  to  designate. 

Section  25.  All  licensed  hacks,  coaches,  cabs  and  other 
vehicles  used  for  the  carriage  of  passengers  are  required  to  and 
shall  stand,  when  unemployed,  at  such  stand  or  stands  as  may  be 
designated,  from  time  to  time,  by  the  board  of  fire  and  police 
commissioners,  subject  to  the  approval  of  the  city  council,  and  the 
said  board  of  fire  and  police  commissioners  are  hereby  authorized 
and  required,  subject  to  the  approval  of  the  city  council,  to  estab- 
lish such  hack  stands  for  the  use  of  hacks,  coaches,  omnibuses, 
cabs  or  other  vehicles  used  for  the  carriage  of  passengers  for  hire. 

Same. 

Section  26.  The  board  of  fire  and  police  commissioners, 
subject  to  the  approval  of  the  city  council,  shall  designate  as 
nearly  as  may  be  practicable  the  respective  stands  for  omnibuses, 
hacks,  coaches,  baggage  wagons,  ox])ress  wagons,  drays  and  other 
vehicles  for  the  transportation  of  passengers,  baggage  and  express 
goods  at  the  several  passenger  depots  or  stations  and  elsewhere 
in  the  city  so  as  best  to  accommodate  the  public  and  the  said 
board  of  fire  and  police  commissioners  shall  have  the  right,  su])ject 
to  the  approval  of  the  city  council,  to  change  such  stands  as  the 
convenience  of  the  public   may   r(M|uire. 

Same. 

Section  27.  The  board  of  fire  and  police^  commissioners,  sub- 
ject to  the  approval  of  the  city  council,  sluill  dcteniiine  thcnumbci- 


516  REVISED    ORDINANCES. 

of  carriages  for  any  particular  stand  and  also  the  proper  boundaries 
of  such  general  stand  or  stands. 

Duty  of  drivers. 

.Section  28.  All  owners  or  drivers  of  hacks,  coaches,  omni- 
buses, cabs  or  other  carriages  for  the  conveyance  of  passengers, 
shall  take  their  stand  at  such  places  designated  by  the  board  of 
fire  and  police  .commissioners  or  chief  of  police,  and  shall  have 
the  right  to  stand  on  any  vacant  place  within  the  limits  of  the 
place  designated  for  the  respective  vehicles,  and  no  preference 
shall  be  shown  between  vehicles  of  the  same  class  as  to  the  choice 
of  position  within  such  limits,  but  different  places  may  be  desig- 
nated for  omnibuses,  so  as  to  keep  each    class  of  vehicles  together. 

Refusal  to  obey  police — Penalty. 

Section  29.  The  chief  of  police  shall  instruct  the  pohce 
officers  he  may  place  on  dut}^  at  the  stations  and  depots  as  to  the 
location  of  the  several  stands  designated,  as  provided  for  in  section 
twenty-six,  and  such  police  officer  or  officers  shall  instruct  the 
drivers  of  the  different  kind  of  vehicles  where  they  must  stand 
their  respective  vehicles,  and  said  officer  or  officers  shall  also 
direct  the  runners  of  hotels,  inns  and  boarding  houses,  also  the 
hack,  coach,  express  and  omnibus  solicitors,  runners  and  drivers 

where  they  shall  stand. 

Any  such  driver,  runner  or  solicitor,  or  other  person  soliciting 
passengers  or  baggage,  who  refuses  or  neglects  to  comply  with  the 
lawful  instructions  of  the  chief  of  police  or  the  police  officers 
stationed  at  said  depots  and  stations,  as  to  the  place  where  he 
shall  stand  while  carrying  on  his  business  at  said  depot  or  station 
shall  be  fined  in  a  sum  not  less  than  five  ($5)  dollars  nor  more 
than  one  hundred  ($100)  for  each  offense.     - 

Penalty  for  making  wrongful  stand. 

Section  30.  The  owner  or  driver  of  any  hack,  coach,  om- 
nibus, cab  or  other  carriage  for  the  conveyance  of  passengers, 
who  shall  make  any  stand  or  stopping  place,  with  or  without  his 
vehicle,  while  waiting  for  employment  at  any  place  or  any  street 
or  pubhc  grounds  adjacent  to  any  railroad  or  railway  depot,  other 
than  the  place  or  places  designated  by  the  board  of  fire  and 
police   commissioners   or   chief   of   police,    shall,   upon    conviction 


REVISED    ORDINANCES.  517 

thereof,  be  fined    not   less   than  five  ($5)   dollars    nor    more  than 
one  hundred  ($100)   dollars. 

Vehicles  not  to  stand  side  by  side — Penalty. 

Section  31.  Two  hacks  or  other  vehicles  are  not  allowed 
to  stand  side  by  side  on  any  street,  and  all  hacks,  cabs,  omnibuses, 
or  other  vehicles  shall  remain  quietly  at  their  stands  when  not 
employed,  and  shall  not  move  about  the  streets  for  the  purpose  of 
soliciting  or  awaiting  custom,  nor  shall  be  hitched  or  found  stand- 
ing at  any  point  or  place  unemployed  other  than  at  the  stands 
designated  by  the  board  of  fire  and  pohce  commissioners  or  chief 
of  police,  under  a  penalty  of  not  less  than  five  ($5)  dollars  nor 
more  than  fifty  ($50)  dollars  for  each  and  every  offense. 

Sleighs. 

.Section  32.  All  the  provisions  and  penalties  of  this  chapter 
shall  apply  to  sleighs,  which  shall  come  upon  or  use  the  public 
stand  or  other  places  in  this  chapter  designated  for  them,  and  to 
the  owners  and  drivers  thereof,  to  be  used  or  driven  for  the  con\-ey- 
ance  of  passengers  for  hire  in  this  city,  and  said  owners  or  drivers 
of  hacks,  coaches  or  cabs  are  permitted  to  use  sleighs,  when  feasible, 
in  place  of  such  hacks  and  coaches. 

Duty  of  police  officers. 

Section  33.  It  shall  be  the  duty  of  the  several  police  officers 
and  members  of  the  police  department  to  see  that  all  ordinances 
regulating  hacks,  coaches,  cabs  and  all  other  vehicles  for  the 
conveyance  of  persons  for  hire,  are  strictly  comphed  with,  and 
and  any  policeman  shall  have  power  and  authority  to  order  away 
from  the  stands,  and  from  all  other  public  places,  any  hack,  coach, 
carriage  or  cab  not  provided  with  a  number,  or  with  lamps  pre- 
pared, lighted  and  numbered  as  hereinbefore  required,  or  not 
furnished  with  proper  or  suitable  harness  or  horses,  or  whenever 
the  same  shall  be  improperly  obstructing  the  way  or  street,  or 
whenever  the  horses  attached  thereto  are  unruly,  or  whenever  the 
driver  or  person  having  charge  of  any  hack,  cab,  coach,  carriage 
or  other  vehicle  is  intoxicated,  or  in  any  manner  misbehaving 
himself. 

Houses  of  ill-fame-    Penalty. 

Section  34.  It  shall  be  unlawfid  for  any  licensed  owner  of 
driver  of  any  hack,  cab,  coach,  carriage  or  other  vehicle  to  conve\' 


518  REVISED    ORDINANCES. 

any  person  without  his  request,  to  any  place  or  house  of  ill-fame, 
or  deceive  any  person  in  relation  to  any  railroad  or  other  ticket 
or  voucher  for  conveyance,  to  make  any  false  representations  or 
statement  in  regard  to  any  voucher  or  ticket  for  conveyance  that 
may  be  shown  him  under  the  penalty  of  not  less  than  ten  ($10) 
dollars  nor  more  than  two  hundred  (S200)  dollars  for  each  and 
every  offense. 

Imposing  on  passengers — Penalty. 

Section  35.  No  licensed  driver  or  owner  shall  impose  upon 
or  deceive  in  any  manner  or  form,  nor  strike,  threaten,  insult  or 
otherwise  abuse  or  illtreat  any  passenger,  under  a  penalty  of  not 
less  than  ten  ($10)  dollars  nor  more  than  two  hundred  ($200) 
dollars  for  each  and  every  offense. 

Misinforming  passengers — Penalty. 

Section  36.  No  owner  or  driver  of  any  licensed  hack,  coach, 
cab,  pubhc  cart  or  other  vehicle,  shall  induce  any  person  to  employ 
him,  by  either  knowingly,  wantonly,  or  carelessly  misinforming 
or  misleading  such  person,  either  as  to  the  time  of  the  arrival  or 
departure  of  any  railroad  car  or  other  public  conveyance,  or  the 
location  of  any  railroad  depot,  office,  station,  or  railroad  ticket 
office,  or  the  location  of  any  hotel,  stage  office,  pubhc  place  or 
private  residence  within  said  city,  under  the  penalty  or  not  less 
than  five  ($5)  dollars  nor  more  than  one  hundred  ($100)  dollars 
for  each  and  every  offense. 

Other  false  representation — Penalty. 

Section  37.  It  shall  be  unlawful  for  any  such  hcensed  owner 
or  driver  to  induce  any  person  to  ride  in  or  employ  his  vehicle  by 
falsely  representing  his  vehicle  to  such  person  as  running  for,  or  being 
employed  by,  any  pubhc  house,  railway  or  stage  company,  with  a 
view  to  act,  sohcit  or  obtain  fare,  or  anything  of  value,  from  such 
person  for  conveying  him  to  such  public  house  or  railway,  or  other 
place,  under  a  penalty  of  not  less  than  five  ($5)  dollars  nor  more  than 
one  hundred  ($100)  dollars  for  each  offense. 

Vehicles  to  keep  to  the  right — Penalty. 

Section  38.  It  is  hereby  declared  to  be  the  duty  of  all  drivers 
or  conductors  of  any  and  all  wagons,  carriages,  carts,  trucks,  de- 
livery   wagons,    express   wagons,   hacks,    carryalls    and    all   other 


REVISED    OKDINANCES.  519 

vehicles  driven  by  horses  or  propelled  by  other  locomotive -power, 
bicycles,  tricycles  or  tandems  to  keep  to  and  pass  along,  over  and 
upon  right  hand  side  of  the  center  of  each  street,  avenue  or  boule- 
vard in  the  direction  they  may  be  going,  within  the  city  limits  of 
the  city  of  Omaha. 

The  driver  or  conductor  of  all  wagons,  carriages,  carts,  trucks, 
deUvery  wagons,  express  wagons,  hacks,  carryalls,  bicycles,  tri- 
cycles, tandems  and  all  other  vehicles  shall  keep  to  and  pass  along 
the  east  side  of  the  center  of  the  street,  avenue  or  boulevard  ex- 
tending north  and  south,  while  such  wagon,  carriage,  cart,  truck, 
delivery  wagon,  express  wagon,  hack,  carryall,  bicycle,  tricycle, 
tandem  or  other  vehicle  is  going  in  a  northerly  direction. 

The  driver  or  conductor  of  all  such  wagons,  carriages,  carts, 
trucks,  delivery  wagons,  express  wagons,  hacks,  carryalls,  bicycles, 
tricycles,  tandems  and  all  other  vehicles  shall  keep  to  and  pass 
along  the  west  side  of  the  center  of  the  street,  avenue  or  boulevard 
extending  north  and  south,  while  such  wagon,  carriage,  cart,  truck, 
delivery  wagon,  express  wagon,  hack,  carryall,  bicycle,  tricj^cle, 
tandem  or  other  vehicle  is  going  in  a  southerly  direction. 

The  driver  or  conductor  of  all  such  wagons,  carriages,  carts, 
trucks,  delivery  wagons,  express  wagons,  hacks,  carryalls,  bicycles, 
tricycles,  tandems  and  all  other  vehicles  shall  keep  to  and  pass 
along  the  south  side  of  the  center  of  the  street,  avenue  or  boulevard 
extending  east  and  west,  while  such  wagon,  carriage,  cart,  truck, 
delivery  wagon,  express  wagon,  hack,  carryall,  bicycle,  tricycle, 
tandem  or  other  vehicle  is  going  in  an  easterly  direction. 

The  driver  or  conductor  of  all  such  wagons,  carriages,  carts, 
trucks,  delivery  wagons,  express  wagons,  hacks,  carryalls,  bicycles, 
tricycles,  tandems  and  all  other  vehicles  shall  keep  to  and  pass 
along  the  north  gide  of  the  center  of  the  street,  avenue  or  boule- 
vard extending  east  and  west,  while  such  wagon,  carriage,  cart, 
truck,  dehvery  wagon,  express  wagon,  hack,  carryall,  bicycle, 
tricycle,  tandem  or  other  vehicle  is  going  in  a  westerly  direction. 

In  cases,  however,  where  the  driver  or  conductor  of  such 
wagon,  carriage,  cart,  truck,  dehvery  wagon,  express  wagon, 
hack,  carryall,  bicycle,  tricycle,  tandem  or  other  vehicle  shall 
have  business  on  the  opposite  side  of  said  street,  avenue  or  boule- 
vard, or  desires  so  to  stop  on  the  opposite  side  thereof,  and  shall 
cross  over  within  one  block  of  such  destination,  or  in  case  of  tem- 
porary obstructions  in  the  streets,  and  to  avoid  such  obstructions, 
such  driver,  conductor  or  rider  may  cross  to  the  opposite  side  of 
such    street,    avenue    or    boulevard,   then   this  section    .shall    not 


520  REVISED    ORDINANCES. 

apply  to  or  affect  such  cases,  and.  Provided  Further,  however,  that 
this  section  shall  not  apply  to  or  effect  the  driver,  conductor  of 
any  fire  engine,  hose  cart,  police  patrol  or  ambulance  wagon  while 
in  the  line  of  duty  or  going  to  or  answering  an  alarm  or  call. 

Any  person  or  persons  so  driving  or  riding  upon  the  wrong  side 
of  the  street,  avenue  or  boulevard  for  a  space  of  one  block  or  more, 
that  is,  upon  the  west  side  of  the  center  of  the  street,  avenue  or 
boulevard  extending  north  and  south,  when  such  person,  driver, 
conductor  or  rider  is  going  north;  the  east  side  of  the  center  of 
the  street,  avenue  or  boulevard  extending  north  and  south,  when 
such  person,  driver,  conductor  or  rider  is  going  south;  the  north 
side  of  the  center  of  the  street,  avenue  or  boulevard  extending  east 
and  w^est,  when  such  person,  driver,  conductor  or  rider  is  going  east; 
the  south  side  of  the  center  of  the  street,  avenue  or  boulevard  ex- 
tending east  and  west,  when  such  person,  driver,  conductor  or 
rider  is  going  west,  for  the  space  of  one  block,  or  more,  shall  be 
subject  to  arrest  by  any  police  officer,  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  more  than  fifty  ($50)  dollars  or  less 
than  one  ($1)  dollar. 

Not  to  board  train  or  act  as  porter. 

Section  39.  No  "runner  or  other  person  soliciting  for  passen- 
gers or  baggage,  or  for  custom  for  any  hotel,  boarding  house,  res- 
taurant or  any  place  of  entertainment,  shall,  while  so  soliciting, 
approach  or  board  any  passenger  train  in  so  doing  without  the  writ- 
ten authority  of  the  railroad  company  is  first  had  and  obtained, 
permitting  any  such  runner  or  person  soliciting  as  aforesaid,  so  to 
do;  and  no  driver,  agent,  lessee,  servant,  owner  or  owners  of  any 
hack,  coach,  cab,  carriage  or  other  vehicle  herein  referred  to,  shall 
act  as  a  porter,  runner  or  solicitor  without  first  obtaining  a  license 
for  that  purpose,  or  solicit  passengers  or  baggage,  except  for  such 
vehicle  as  he  may  be  licensed  for. 

Rate  of  speed. 

Section  40.  No  driver  of  any  such  coach,  calj,  omnibus, 
wagon  or  other  vehicle  shall  engage  in  racing,  or  drive  faster  than 
a  moderate  trot  while  passing  along  or  through  any  of  the  public 
streets  or  thoroughfares  in  the  city,  and  all  such  vehicles  shall  keep 
to  the  right  while  in  motion  passing  along  the  streets  of  the  city. 


REVISED    ORDINANCES.  521 

Driver  to  remain  near  vehicle — Use  of  whip. 

Section  41.  It  shall  not  be  lawful  for  the  driver  or  other 
person  having  charge  of  any  hack,  coach,  cab  or  other  vehicle 
mentioned  in  this  chapter,  to  snap  or  flourish  his  whip,  or  be 
awa}^  from  his  vehicle  more  than  ten  feet,  or  to  sit  or  stand  about 
the  doorsteps  or  platforms,  or  in  front  of  any  house  or  store  or 
other  building,  to  the  annoyance  of  the  occupants  thereof,  pass- 
ers-by, or  any  other  person  or  persons. 

Soliciting  passengers  or  baggage. 

Section  42.  Xo  porter,  runner  or  other  person  in  soliciting 
custom,  either  passenger  or  baggage,  shall  make  any  unusual  noise 
or  disturbance,  or  make  use  of  any  profane,  obscene  or  boisterous 
language,  or  use  any  language  or  be  guilt}^  of  any  act  calculated 
to  disturb  the  peace  or  good  order  of  the  city,  or  harass,  vex,  annoy, 
or  disturb  passengers  or  citizens,  and  no  hotel  runner  or  other 
person  soliciting  for  passengers  or  for  baggage,  or  for  custom  for 
any  hotel,  boarding  house,  restaurant,  or  any  place  of  entertain- 
ment shall,  while  so  soliciting,  stand  in  any  other  place  than  that 
designated  by  the  board  of  fire  and  police  commissioners,  or  chief 
of  police,  or  police  officer  on  duty  at  any  passenger  depot  acting 
under  instructions  from  the  board  or  the  chief  of  police  of  the  city. 

What  license  shall  include. 

Section  43.  Each  and  every  license  issued  to  the  persons  in 
this  chapter  named  shall  contain  a  clause  that  the  same  is  issued 
in  accordance  with  the  authority  herein  conferred,  and  that  the 
person  receiving  the  same  agrees  to  be  bound  by  all  the  provisions 
of  this  chapter,  including  the  instructions  of  the  board  of  fire  and 
police  connnissioners,  chief  of  police  or  police  officer  herein  author- 
ized to  be  given,  and  that  upon  conviction  of  any  violation  of  any 
of  the  provisions  or  sections  or  clauses  of  this  chapter  his  license 
may  be  revoked  by  the  mayor  without  rebate. 

Penalty — Revocation  of  license. 

Section  44.  Any  person  who  shall  violate  any  clause  or 
provision  of  any  section  of  this  chapter,  or  who  shall  neglect  or  fail 
to  comply  with  any  or  cither  of  the  recpiirements  hereof,  or  neglect 
or  fail  to  comply  witii  any  lawful  instruction  of  the  l)oard  of  fire 
and  police  commissioners,  chief  of  police,  or  pohcc  odlccr  or  oliicers, 


522  REVISED    ORDINANCES, 

as  herein  provided,  shall,  on  conviction  thereof,  excepting  as  herein 
otherwise  provided,  be  fined  not  less  than  five  ($5)  dollars  nor 
more  than  one  hundred  ($100)  dollars,  and  the  mayor  may  forfeit 
or  revoke  his  or  their  license. 

Hotel  conveyances — Stands  at  night. 

Section  45.  Nothing  in  this  chapter  shall  be  held  to  include 
omnibuses  used  and  run  exclusively  by  hotel  keepers  in  conveying 
guests  and  baggage  to  and  from  hotels  free  of  charge,  nor  to  mer- 
chants or  retail  dealers  delivering  their  goods,  wares  and  merchan- 
dise free  of  charge,  with  their  own  vehicle;  Provided,  the  teams 
and  vehicles  are  used  exclusively  for  that  purpose.  Nor  shall  it 
be  construed  to  prevent  licensed  hacks  standing  in  any  part  of  the 
city  after  the  hour  of  eleven  o'clock  in  the  evening. 

Conveyances  to  fair  grounds — License — Penalty. 

Section  46.  The  owner  of  anj^  hack,  coach,  cab,  omnibus, 
wagon  or  other  vehicle,  or  the  driver  thereof,  carrying  passengers 
for  hire  to  or  from  the  state  fair  grounds,  Omaha  driving  park  or 
other  exposition  or  fair  grounds  near  or  adjacent  to  the  city  of 
Omaha,  shall  be  required  to  pay  the  same  tax,  to-wit,  the  sum  of 
ten  ($10)  dollars,  as  is  required  to  be  paid  by  other  licensed  vehicles. 
The  owner  or  driver  of  any  such  hack,  coach,  cab,  omnibus,  wagon 
or  other  vehicle,  failing  or  neglecting  to  pay  such  tax,  and  to  take 
out  the  proper  license,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  in  au}^  sum  not  exceed- 
ing fifty   ($50)    dollars. 

License  required  for  drays,  carts,  etc. 

Section  47.  No  person  shall  hire  out  or  keep  for  use  or  hire, 
or  cause  to  be  kept  for  use  or  hire,  for  the  transportation  of  goods, 
merchandise,  fuel,  building  material,  or  any  other  article  or  thing, 
any  dray,  cart,  wagon,  or  other  vehicle,  within  this  city,  without 
first  having  obtained  a  license  therefor. 

Clerk  to  issue — License  fee — Bond. 

Section  48.  The  city  clerk  is  authorized  to  issue  license 
under  his  hand,  with  the  seal  of  the  city,  to  any  person  or  persons 
being  the  owner  or  owners  or  driver  of  any  of  the  said  vehicles, 
for  the  purpose  aforesaid  upon  every  such  owner  paying  to  said  clerk 
a  license  fee  of   five    ($5)   dollars   for   each    vehicle  so  used,  and 


REVISED    ORDINANCES.  523 

executing  a  bond  to  the  city  of  (Jmaha  in  the  sum  of  one  hundred 
($100)  dollars  conditioned  for  the  faithful  observance  of  all  the 
provisions  aforesaid  pertaining  to  the  owner  or  driver  of  said 
vehicles,  said  bond  to  be  approved  by  the  city  clerk. 

Driver's  badge — Designation  of  vehicle. 

Section  49,  Every  person  so  licensed,  or  his  employe,  shall, 
while  acting  as  the  driver  of  any  such  vehicle,  wear  conspicuousl}^ 
on  the  left  breast  of  his  coat  or  outer  garment  a  metallic  badge 
not  less  than  one  inch  either  in  length  or  width.  Every  person  so 
licensed  shall  have  the  words  "Job  Wagon"  or  other  words  or  word 
designating  the  kind  of  vehicle  for  which  he  has  a  license,  and  the 
number  of  such  vehicle,  which  shall  correspond  with  the  number 
of  its  license,  placed  in  plain  and  conspicuous  letters  on  each  side 
of  such  vehicle  in  such  manner  as  to  be  clearly  legible  at  a  distance 
of  fifty  feet. 

Rates  for  goods  and  merchandise. 

Section  50.  The  rates  or  charges  for  the  conveyance  of  goods, 
merchandise  and  other  property  shall  not  exceed  the  following, 
to- wit : 

For  carrying  each  load  of  goods,  wares,  merchandise  or  other 
property  any  distance  within  the  city,  not  less  than  one  mile,  one 
($1)  dollar. 

For  carrying  such  load  of  goods,  wares,  merchandise  or  other 
property  any  distance  less  than  one  mile,  seventy-five  (75)  cents; 
for  carrying  articles,  packages,  or  goods  w^eighing  less  than  three 
hundred  pounds  in  the  aggregate,  fifty  (50)  cents  each  mile. 

Two  thousand  pounds  avoirdupois  of  heavy  articles  shall  be 
deemed  to  be  and  shall  constitute  one  load,  and  of  light  or  bulky 
articles  as  much  as  can  be  safely  loaded  upon  an  ordinary  wagon  ; 
Provided,  that  in  all  cases  where  there  shall  be  less  than  full  load 
and  not  less  than  three  hundred  pounds  the  same  shall  be  deemed 
a  full  load,  unless  it  is  otherwise  agreed  upon  between  the  parties 
at  the  time  or  prior  to  loading  the  same. 

Nothing  in  these  rates  shall  apply  to  transfer  wagons  doing 
their  ordinary  business  in  delivering  merchanchse  or  household 
goods  at  customary  or  contract  rates;  nor  to  job  wagons  or  other 
implements  or  machines  used  in  hauling  earth,  l)rick  or  stone  at 
customary  or  contract  rates,  nor  as  to  the  charges  of  removing 
pianos,  heavy  machinery  or  safes,  the  rates  of  whicli  will  he  ngrccMl 
upon  in  each  case. 


524  RIOVISED    ORDINANCES. 

Stands  for  drays,  carts,  etc. 

Section  51.  The  board  of  fire  and  police  commissioners 
shall,  subject  to  the  approval  of  the  city  council,  designate  stands 
for  all  drays,  carts,  wagons  and  other  vehicles  licensed  under  the 
provisions  of  this  chapter,  and  said  vehicles  shall  occupy  such 
stands  when  unemployed. 

Penalty. 

Section  52.  Any  owner  or  driver  of  any  dray,  cart,  wagon 
or  other  vehicle  mentioned  herein,  who  shall  fail  or  neglect  to  com- 
ply with  any  of  the  requirements  of  this  chapter  or  shall  ask  or 
receive  any  price  or  rate  in  excess  of  what  is  provided  for  in  sec- 
tion 50  thereof,  shall,  upon  conviction  thereof,  be  fined  in  any 
sum  not  exceeding  one  hundred  ($100)  dollars. 

Driving  without  license. 

Section  53.  It  shall  be  unlawful  for  any  person  to  drive 
any  hack,  coach,  coupe,  hansom  cab,  omnibus,  express  wagon, 
herdic  coach,  carriage  or  other  vehicle  for  the  carriage  of  passen- 
gers for  hire  within  the  city  of  Omaha,  without  a  license  first  had 
and  obtained  so  to  do. 

Qualifications. 

Section  54.  It  is  hereby  declared  unlawful  for  any  person 
to  drive  any  of  the  above  named  vehicles  for  the  carriage  of  passen- 
gers for  hire  within  the  city  of  Omaha,  unless  such  person  has 
such  knowledge  of  the  streets  and  public  places  in  said  city  as 
to  be  able  to  immediately  and  directly  drive  to  and  designated 
street  number  nor  unless  such  person  shall  be  eighteen  years  of 
age  or  over,  and  shall  have  had  sufficient  experience  in  driving 
vehicles  for  the  carriage  of  passengers  to  be  a  capable  and  com- 
petent driver  of  such  vehicle,  nor  until  such  person  shall  first 
obtain  a  license  from  the  city  clerk  upon  tne  approval  of  the 
license  inspector  as  hereinafter  provided. 

Bond. 

Section  55.  Every  applicant  for  license  as  driver  of  any 
vehicle  for  the  carriage  of  passengers  shall  execute  a  bond  to  the  city 
of  Omaha  in  the  sum  of  one  hundred  ($100)  dollars,  for  the  use  of 
any  person  who  shall  be  damaged  or  injured  by  any  failure  of  such 
driver    to  observe  and  obey  any  provisions  of  the  ordinances,  or 


REVISED    ORDINANCES.  525 

regulations  of  said  city,  which  bond  shall  be  signed  by  not  less  than 
two  sureties  and  be  approved  by  the  city  clerk,  and  shall  be  con- 
ditioned substantial^   as  follows: 

"Now  if  the  said shall  well  and  faithfully  per- 
form his  duties  as  driver  of  a  passenger  vehicle,  and  faithfully 
obey  and  observe  all  of  the  ordinances  of  the  city  of  Omaha  and 
the  rules  and  regulations  governing  passenger  vehicles  for  hire, 
and  shall  not  be  guilty  of  charging  in  any  case,  more  than  rate 
established  by  ordinance,  then  this  obligation  shall  be  null  and 
void;  otherwise  the  same  shall     remain  in  full  force  and  effect." 

Habits  of  applicants. 

Section  56.  Every  applicant  for  a  license  as  driver  of  any 
vehicle  for  the  carriage  of  passengers  shall  present  an  application 
to  the  license  inspector,  endorsed  by  not  less  than  two  responsible 
citizens,  who  shall  certify  that  the  applicant  is  a  man  of  good 
habits,  honest,  sober  and  industrious,  and  is  a  fit  person  to  drive 
a  passenger  vehicle. 

It  shall  be  the  duty  of  the  license  inspector,  upon  receiving 
such  application,  to  make  diligent  inquiry  as  to  the  character, 
sobriety  and  capability  of  the  applicant,  and  if  he  shall  find  that 
said  applicant  is  possessed  of  the  requisite  qualifications,  he  shall 
approve  such  application  b}^  endorsing  thereon  his  name  and  the 
word  "Approved;"  otherwise,  he  shall  refuse  such  application 
by  endorsing  thereon  nis  name  and  the  word  "Refused." 

Fees. 

Section  57.  No  license  shall  be  issued  for  a  less  sum  than 
one  ($1.00)  dollar,  and  all  such  hcenses  shall  expire  December 
31st  of  the  year  in  which  they  are  issued.  Such  Hcenses  shall 
be  transferable  from  vehicle  to  vehicle,  upon  application  to  the  city 
clerk,  and  the  payment  of  fifty  (50)  cents  to  the  city  treasurer 
for  each  transfer. 

Intoxication. 

Section  58.  If  the  license  inspector,  or  any  pohce  officer 
shall  find  any  driver  of  any  vehicle  for  the  carriage  of  passengers 
for  hire  in  a  drunken  or  intoxicated  condition,  or  otherwise  in- 
capable of  properly  caring  for  his  vehicle  or  i)asseng(Ts,  it  shall 
be  the  duty  of  such  officer  to  take  charge  of  such  vehicle,  and  have 
the  same  properly  returned  to  the  stable  at  whicii  the  same  is  kept. 


526  REVISED    ORDINANCES. 

Suspension. 

Section  59.  For  any  improper  conduct  on  the  part  of  any 
person  holding  a  hcense  under  the  provisions  of  the  preceding 
six  sections,  such  person  ma}^  be  suspended  by  the  license  in- 
spector for  not  more  than  twenty  (20)  days  for  the  first  offense, 
not  more  than  thirty  (30)  days  for  the  second  offense,  and  for  the 
third  offense,  or  for  charging  more  than  the  rates  as  provided  by 
ordinance,  the  mayor  may  revoke  the  license  issued  to  such  person. 

Inspector — Record  Book. 

Section  60.  It  shall  be  the  duty  of  the  license  inspector 
to  keep  in  his  office  a  record  book  in  which  shall  appear  the  name 
of  each  applicant  for  license,  the  names  of  the  persons  endorsing 
such  applicant,  the  date  of  his  bond,  together  with  the  names  of 
his  sureties,  and  also  carefully  note  thereafter  every  offense  of 
which  such  applicant  may  be  guilty. 

Penalty. 

Section  61.  Any  person  who  shall  drive  any  of  the  vehicles 
named  in  any  of  the  eight  last  preceding  sections,  for  carriage 
of  passengers  for  hire,  without  procuring  a  license  as  recjuired 
in  any  of  said  sections,  or  who  shall,  in  any  manner,  violate  any 
of  the  provisions  of  any  of  said  sections,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  five  ($5.00)  dollars  nor  more  than  one  hundred  ($100) 
dollars. 

Venereal  Desease,  Literature. 

See  Misdemeanors,  Section  20. 


EEVISEl)    ORDINANCES.  527 


CHAPTER  XCV. 

VETERINARY    SURGEON     AND    MEAT    INSPECTOR. 

Appointment. 

Section  1.  The  mayor,  with  the  consent  and  approval  of 
the  council,  shall  appoint  a  competent  and  skilled  veterinary  sur- 
geon for  the  city,  who,  at  the  date  of  such  appointment,  shall 
be  a  regular  graduate  in  good  standing  of  a  recognized  college  of 
veterinary  surgery,  and  who  shall  have  had  three  or  more  years' 
actual  practice  since  graduating. 

Duties. 

Section  2.  It  shall  l^e  the  duty  of  the  city  veterinary  sur- 
geon to  investigate  any  and  all  cases  of  contagious  or  infectious 
disease  among  horses,  cattle  and  other  domestic  animals,  within 
the  city  of  Omaha.  w"hich  may  come  to  his  knowledge,  or  in  any 
manner  be  brought  to  his  notice,  and  for  this  purpose  shall  visit 
at  once  any  place  within  the  city  of  Omaha  where  any  such  con- 
tagious or  infectious  disease  of  domestic  animals  may  be  known 
or  reported  to  exist,  and  make  a  full,  careful  examination  of  all 
animals  supposed  to  be  diseased,  and  inquire  into  the  nature  and 
cause  of  any  such  disease  which  may  be  discovered,  and  prescribe 
the  proper  care,  necessary  remedies,  and  direct  the  sanitary  meas- 
ures necessary  to  prevent  the  spread  thereof,  and  as  often  as  may 
be  necessary,  at  least  every  six  months,  make  a  full  report  of  his 
findings  and  doings  in  the  premises  to  the  city  council.  It  shall 
also  be  the  duty  of  the  city  veterinary  surgeon  to  inspect  and 
examine  any  animal  brought  into  the  city  to  be  slaughtered, 
which  he  may  have  reason  to  believe  is  diseased  or  unfit  for  food, 
and  upon  deciding  that  any  such  animal  or  carcass  is  diseased, 
he  shall  so  inform  the  person  or  persons  having  charge  of  the  same 
or  offering  the  same  for  sale,  and  notify  them,  under  penalty  of 
the  law,  not  to  slaughter  or  offer  for  sale  for  food  purposes  any 
such  animal  or  carcass,  and  if  such  person  persists  in  so  doing, 
to  see  that  such  ])erson  is  prosecuted  as  by  law  provided.  It 
shall  also  be  his  duty,  upon  discovering  any  domestic  animal  or 
animals  having  any  contagious  or  infectious  disease  of  a  serious 
nature,  or  which  nuiy  be  liable  to  spread,  lo  at  niice  notify  the 
state  veterinary  of  the  facts,  and  call  upon  liim  to  inimediately 
take  such  action  in  the  premises  as  is  re(|iiire(|  by  law. 


^28  REVISED    ORDINANCES. 

Hindering  or  obstructing — Penalty. 

Section  3.  Any  person  who  may  own,  or  be  in  possession 
of,  any  domestic  animal  or  animals,  or  the  carcass  of  any  animal 
offered  or  intended  to  be  offered  for  sale  for  food,  in  the  city  of 
Omaha,  who  shall  refuse  to  allow  the  city  veterinary  surgeon  to' 
examine  such  animal  or  carcass,  or  who  shall  hinder  or  obstruct 
him  in  the  discharge  of  his  duties,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  threeof,  shall  be  fined  in  any 
sum  not  less  than  ten  ($10)  dollars  nor  more  than  one  hundred 
($100)  dollars. 

Additional  duties. 

.Section  -i.  That  in  addition  to  the  duties  now  required, 
to  be  performed  by  the  city  veterinary  surgeon  it  shall  also  be  the 
duty  of  said  veterinary  surgeon  to  attend  and  care  for  all  sick, 
diseased  or  disabled  horses  belonging  to  the  city  of  Omaha  and 
used  in  the  fire  department,  the  police  department,  or  other  de- 
partments of  the  cit}'.  And  it  shall  also  be  the  duty  of  said 
veterinary  surgeon  who  is  also  hereby  made  and  designated  meat 
inspector  of  the  city  of  Omaha,  to  perform  all  the  duties  required 
of  such  meat  inspector  by  anj'  ordinance  now  existing  or  hereafter 
amended  or  enacted;  and  the  said  veterinary  surgeon  and  meat 
inspector  is  hereby  required  to  devote  his  entire  time  and  ser- 
vices to  the  performance  of  his  duties  as  such  veterinary  surgeon 
and  meat  inspector. 

Bond  and  salary. 

Section  .5.  The  city  veterinary  surgeon  and  meat  inspector, 
upon  being  appointed  by  the  mayor  and  confirmed  b}"  the  council, 
shall  give  bond  to  the  city  of  Omaha  in  the  sum  of  one  thousand 
(1,000)  dollars  conditioned  or  required  by  the  act  incorporating 
metropolitan  cities,  and  he  shall  receive  a  salary  at  the  rate  of 
one  hvuidred  ($100.00)  dollars  per  month,  payable  monthly,  which 
shall  he  in  full  for  his  entire  services  as  such  city  veterinary  sur- 
geon and  meat  inspector. 

Section  6.  It  shall  be  the  duty  of  said  meat  inspector  at 
the  end  of  each  week  or  as  often  as  may  be  required  by  the  health 
commissioner  to  make  to  said  health  commissioner  a  detailed 
statement  of  his  actions  and  proceedings  and  of  all  violations  or 
evasions  of  any  rule  of  said  health  commissioner  or  ordinance 
of  said  city. 

Veterinary  Surgeon,  Attend  Diseased  Cows. 

See  Sanitary  Regulations,  .Section  61. 


REVISED    ORDINANCES.  529 

CHAPTER  XCVI. 

VIADUCTS. 
Rate  of  speed. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person 
or  persons  to  ride  or  drive  any  horse,  mule,  or  vehicle  upon,  over 
or  across  any  viaduct  or  any  part  thereof,  or  upon,  over  or  across 
the  approach  of  any  viaduct  or  any  part  thereof  faster  than  a  walk. 

Duty  to  take  right-hand  driveway. 

Section  2.  It  is  hereby  declared  to  be  the  clut\^  of  all  pe- 
destrians in  crossing  any  viaduct  or  approach  thereto,  to  take 
the  sidewalk  on  the  right-hand  side,  and  it  is  herel^y  declared  to 
be  the  duty  of  all  persons  riding  or  driving  any  animal  or  vehicle 
upon,  over  or  across  any  viaduct  or  approach  thereto,  to  take 
the    driveway    at    the    right-hand,   side. 

Defacing  or  injuring  viaduct. 

Section  3.  It  is  hereby  declared  unlawful  for  any  person 
or  persons  to  whittle,  cut,  deface  or  in  any  manner  injure  any 
viaduct,  or,  Avithout  authority  so  to  do,  to  interfere  with,  loosen 
or  remove  any  plank,  timber,  rail,  support,  bolt,  nut,  or  au}^  other 
part  or  portion   of  any  viaduct  or  approach   thereto. 

Rate  of  speed  on  eleventh  street  viaduct. 

Section  4.  It  shall  hereafter  be  lawful  for  wagons,  buggies, 
carriages  and  other  vehicles  to  pass  over  the  eleventh  street  via- 
duct at  a  rate  of  speed  not  exceeding  eight  miles  an  hour. 

Penalty. 

Section  5.  Any  person  or  persons  violating  any  portion  of 
the  foregoing  sections  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  not  to  exceed  one 
hundred  (SlOO)  dollars,  or  may  be  imprisoned  not  to  exceed  thirty 
days,  or  may  be  both  fined  and  imprisoned,  in  the  discretion 
•of  the  court.  \ 


530  REVISED    ORDINANCES. 

CHAPTER  XCVII. 

VOTING  PRECINCTS. 

Section  1.  That  the  boundaries  of  the  precincts  in  each 
of  the  twelve  wards  of  the  city  of  Omaha  be,  and  are  hereby,  es- 
tabhshed  as  follows: 

First  Ward. 

Section  2.  That  the  first  ward  shall  be  divided  into  four 
precincts,  the  numbers  and  1)oundaries  of  which  shall  be  as  follows: 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Sixth  street 
and  Leavenworth  street,  thence  south  on  Sixth  street  to  Hickory 
street,  thence  east  on  Hickory  street  to  the  Missouri  river,  thence 
north  along  the  Missouri  river  to  the  center  line  of  Leavenworth 
street,    thence    west    along    Leavenworth    street   to    Sixth    street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  line  of  Tenth 
street  and  Leavenworth  street,  thence  south  on  Tenth  street  to 
the  center  line  of  Hickory  street,  thence  east  on  Hickory  street 
to  the  center  line  of  Sixth  street,  thence  north  on  Sixth  street 
to  the  center  line  of  Leavenworth  street,  thence  west  on  Leaven- 
worth street  to  Tenth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intei-section  of  the  center  line  of  Thirteenth 
street  and  Lincoln  avenue,  thence  east  on  Lincoln  avenue  to  the 
center  line  of  Tenth  street,  thence  north  on  Tenth  street  to  the 
center  line  of  Hickory  street,  thence  east  on  Hickory  street  to 
the  Missouri  river,  thence  south  along  the  Missouri  river  to  the 
center  Hue  of  Bancroft  street,  if  extended,  thence  west  along 
Bancroft  street,  if  extended,  to  the  center  Une  of  Thirteenth  street, 
thence  north  on  Thirteenth  street  to   Lincoln    avenue. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Thirteenth 
street  and  Bancroft  street,  thence  east  along  Bancroft  street,  if 


REVISED    ORDINANCES.  531 

extended,  to  the  Missouri  river,  thence  south  along  the  Missouri 
river  to  the  south  city  hmits,  thence  west  along  the  south  city 
limits  to  the  center  line  of  Thirteenth  street,  thence  north  on 
Thirteenth  street  to  the  center  line  of  Bancroft  street. 

Second  Ward. 

Section  3.  That  the  second  ward  shall  be  divided  into  five 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  follows: 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Ed  Creighton 
avenue  and  Thirty-second  avenue,  thence  south  on  Thirty-second 
avenue  to  the  south  city  limits,  thence  east  along  the  south  city 
limits  to  the  west  line  of  the  Union  Pacific  Railway  right-of-way, 
thence  northeast  along  said  railway  right-of-way  to  an  intersection 
with  the  center  line  of  Twenty-seventh  street,  thence  north  on 
Twenty-seventh  street  to  an  intersection  with  the  center  line  of 
Ed  Creighton  avenue,  thence  west  on  Ed  Creighton  avenue  to 
Thirty-second  avenue. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Martha 
street  and  Twentieth  street,  thence  south  along  the  center  line 
of  Twentieth  street  to  the  south  city  limits,  thence  west  along 
the  south  city  hmits  to  the  west  line  of  the  Union  Pacific  Railway 
right-of-way,  thence  northeast  along  the  west  line  of  the  Union 
Pacific  Railway  right-of-way  to  an  intersection  witli  the  center 
line  of  Martha  street,  thence  west  along  Martha  street,  if  extended 
to  Twentieth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  line  of  Vinton 
street  with  the  center  fine  of  Thirteenth  street,  thence  south  along 
Thirteenth  street  to  the  south  city  Hmits,  thence  west  along  the 
south  city  limits  to  an  intersection  with  tlic  ('(Milcr  line  of  T\v(»n- 
tieth  street,  thence  iioiili  along  Twentieth  stivct  to  an  intersec- 
tion with  the  center  line  of  Vinton  street,  thence  east  along  \'inton 
street  to  Thirteenth  street. 

FOl'RTH    PRl'X'lXCT. 

Beginning  at  the  intei-section  of  the  center  fine  of  Martha 
street  with  the  centei-  line  of  Thirteentli  street,  thence  south  along 


532  REVISED    ORDINANCES. 

Thirteenth  street  to  an  intersection  with  the  center  line  of  Vinton 
street,  thence  west  along  Vinton  street  to  an  intersection  with  the 
center  hne  of  Twentieth  street,  thence  north  along  Twentieth 
street,  to  an  intersection  with  the  center  line  of  Martha  street, 
thence  east  on  Maftha  street  to  Thirteenth  street. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Lincoln 
avenue  and  Thirteenth  street,  thence  south  on  Thirteenth  street 
to  an  intersection  with  the  center  line  of  Martha  street,  thence 
west  on  Martha  street  if  opened  and  extended,  to  the  west  line  of 
the  Union  Pacific  Railway  right-of-way,  thence  north  along  the 
west  line  of  the  Union  Pacific  Railway  right-of-way  to  the  center 
line  of  Lincoln  avenue,  tlience  east  along  Lincoln  avenue  to  Thir- 
teenth street. 

Third  Ward. 

Section  4.  That  the  Third  ward  shall  be  divided  into  five 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  follows: 

FIRST  PRECINCT. 

Beginning  at  tiie  intersection  of  the  center  lines  of  Nicholas 
street  and  Sixteenth  street,  thence  south  on  Sixteenth  street  to 
an  intersection  with  the  center  line  of  Cass  street,  thence  east  on 
Cass  street  to  the  Missouri  river,  thence  north  along  the  Missouri 
river  to  an  intersection  with  the  center  line  of  Nicholas  street, 
thence  west  on  Nicholas  street  to  Sixteenth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Cass  street 
and  Twelfth  street,  thence  south  on  Twelfth  street  to  an  intersec- 
tion with  the  center  line  of  Leavenworth  street,  thence  east  on 
Leavenworth  street  to  the  Missouri  river,  thence  north  along  the 
Missouri  river  to  an  intersection  with  the  center  line  of  Cass 
street,  thence  west  on  Cass  street   to   Twelfth   street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Sixteenth 
street  and  Cass  street,  thence  south  on  Sixteenth  street  to  an 
intersection  with  the  center  line  of  Dodge  street,  thence  east  on 
Dodge  street  to  an  intersection   with  the  center  line  of  Twelfth 


REVISED    ORDINANCES.  533 

street,  thence  north  on  Twelfth  street  to  an  intersection  with  the 
center  hne  of  Cass  street,  thence  west  on  Cass  street  to  Sixteenth 
street. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  hnes  of  Dodge 
and  Sixteenth  street,  thence  south  on  Sixteenth  street  to  an 
intersection  with  the  center  hne  of  Howard  street,  thence  east  on 
Howard  street  to  an  intersection  with  the  center  Hne  of  Twelfth 
street,  thence  north  on  Twelfth  street  to  the  intersection  with 
the  center  line  of  Dodge  street,  thence  west  on  Dodge  street  to 
Sixteenth  street. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  hnes  of  Howard 
street  and  Sixteenth  Street,  thence  south  on  Sixteenth  street  to  an 
intersection  with  the  center  line  of  Leavenworth  street,  thence 
east  on  Leavenworth  street  to  an  intersection  with  the  center 
line  of  Twelfth  street,  thence  north  on  Twelfth  street  to  an  inter- 
section with  the  center  line  of  Howard  street,  thence  west  on 
Howard  street  to  Sixteenth  street. 

Fourth  Ward. 

Section  5.  The  Fourth  ward  shall  be  divided  into  five 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  follows : 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Chicago 
street  and  Sixteenth  street  thence  south  along  Sixteenth  street 
to  an  intersection  with  the  center  line  of  Douglas  street,  thence 
west  along  Douglas  street  to  an  intersection  with  the  center  line 
of  Twentieth  street,  thence  north  along  Twentieth  street  to  an  inter- 
section with  the  center  line  of  Chicago  street,  thence  east  along 
Chicago  street  to  Sixteenth  street. 

SECOND  PRECINCT. 

"Beginning  at  the  intersection  of  the  center  lines  of  Douglas 
street  and  Sixteenth  street,  thence  south  along  Sixteenth  street 
to  an  intersection  with  the  center  line  of  Howard  street,  thence 
west  along  the  center  line  of  Howard  street  and  St.  Mary's  a\'enu(\ 
to  an  intersection  with  the  center  line  of  Twentieth  street,  llicncc 
north  along   Twentieth    street   to    an    intersection  witli  llic  ccnicr 


534  REVISED    ORDINANCES. 

line  of  Douglas    street,   thence   east   along  Douglas  street  to  Six- 
teenth street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Howard 
street  and  Sixteenth  street,  thence  south  along  Sixteenth  street 
to  an  intersection  with  the  center  line  of  Leavenworth  street, 
thence  west  along  Leavenworth  street  to  an  intersection  with  the 
center  line  of  Twenty-fourth  street,  thence  north  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  hue  of  St.  Mary's 
avenue,  thence  northeasterly  along  St.  ]\Iary's  avenue  to  an  inter- 
section with  the  center  line  of  Howard  street,  thence  east  along 
Howard  street  to  Sixteenth  street. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Farnam 
and  Twentieth  streets,  thence  south  along  Twentieth  street  to 
an  intersection  with  the  center  line  of  St.  Maiy's  avenue,  thence 
southwesterly  along  St.  Mary's  avenue  to  an  intersection  with 
the  center  line  of  Twenty-fourth  street,  thence  north  along  Twenty- 
fourth  street  to  an  intersection  with,  the  center  hne  of  Dewey 
avenue,  thence  west  along  Dewey  avenue  to  an  intersection  with 
the  center  line  of  Twenty-sixth  street,  thence  north  along  Twenty- 
sixth  street  to  an  intersection  with  the  center  line  of  Farnam 
street,  thence  east  along  Farnam  street  to  Twentieth  street. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  and  Chicago  street,  thence  south  along  Twentieth  street 
to  Farnam  street,  thence  west  along  Farnam  street  to  an  inter- 
section with  the  center  line  of  Twenty-sixth  avenue,  thence  north 
along  Twenty-sixth  avenue  to  an  intersection  with  the  center 
line  of  Dodge  street,  thence  east  along  Dodge  street  to  an  inter- 
section with  the  center  line  of  Twenty-sixth  street,  thence  north 
along  Twenty-sixth  street  to  an  intersection  with  the  center  line 
of  Chicago  street,  thence  east  along  Chicago  street  to  Twentieth 
street. 

Fifth  Ward. 

Section  6.  The  Fifth  ward  shall  ])e  divided  into  five  pre- 
cincts, the  numbers  and  boundaries  of  which  shall  be  as  follows: 


REVISED    ORDINANCES.  535 

FIRST  PRECINCT.  ' 

Beginning  at  the  intersection  of  tlie  north  city  Mmits  with 
the  center  line  of  Twenty-fourth  street,  thence  south  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  line  of  Manderson 
street,  thence  east  along  Manderson  street,  if  extended,  to  the 
east  city  limits,  thence  north  along  the  east  city  hmits  to  an  inter- 
section with  the  north  city  limits,  thence  west  along  the  north  city 
limits  to  Twenty-fourth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twenty- 
fourth  street  and  Manderson  street,  thence  east  along  Manderson 
street,  if  extended,  to  the  east  city  limits,  thence  south  along  the 
east  city  limits  to  an  intersection  with  the  center  line  of  Corby 
street,  if  extended,  thence  w-est  along  Corby  street,  if  extended, 
to  an  intersection  with  the  center  line  of  Twentieth  street,  thence 
north  along  Twentieth  street  to  an  intersection  with  the  center 
line  of  Pinkney  street,  thence  west  along  Pinkney  street  to  an 
intersection  with  the  center  line  of  Twenty-fourth  street,  thence 
north  on  Twenty-fourth  street  to  ^landerson  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
and  Corby  streets,  thence  east  along  the  center  line  of  Corby  street, 
if  extended,  to  the  east  city  limits,  thence  south  along  the  east 
city  limits  to  an  intersection  with  the  center  line  of  Burdette 
street,  if  extended,  thence  west  along  the  center  line  of  Burdette 
street,  if  extended,  to  an  intersection  with,  the  center  line  of  Twen- 
tieth street,  thence  north  along  Twentieth  street  to  Cor])y  street. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  and  Burdette  street,  thence  east  along  Burdette  street, 
if  extended,  to  the  east  city  limits,  thence  south  along  the  east 
city  limits  to  an  intersection  with  Charles  street,  if  opened  and 
extended,  thence  west  along  the  center  line  of  Charles  street,  if 
opened  and  extended,  to  an  intersection  with  the  center  line  of 
Twentieth  street,  thence  north  on  Twentieth  street  to  Burdette 
street. 


536  REVISED    ORDINANCES. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  and  Charles  street,  thence  east  along  Charles  street,  if  opened 
and  extended,  to  the  Missouri  river,  thence  south  along  the  Missouri 
river  to  an  intersection  of  the  center  line  of  Nicholas  street,  thence 
west  along  Nicholas  street  to  an  intersection  with  the  center 
line  of  Twentieth  street,  thence  north  on  Twentieth  street  to 
Charles  street. 

Sixth  Ward. 

Section  7.  That  the  Sixth  ward  shall  be  divided  into  four 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  follows: 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
and  Ohio  streets,  thence  south  on  Twentieth  street  to  the  south 
line  of  E.  V.  Smith's  addition,  thence  west  along  the  south  line 
of  E.  V.  Smith's  addition  to  Twenty-second  street,  thence  south 
along  the  center  line  of  Twenty-second  street,  to  Seward 
street,  thence  west  along  Seward  street  to  an  intersection  with 
the  center  hue  of  Twenty-fourth  street,  thence  north  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  line  of  Ohio  street, 
thence  east  on  Ohio  street  to  Twentieth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  line  of  Lake  street 
and  Twenty-fourth  street,  thence  south  along  Twenty-fourth 
street  to  an  intersection  with  the  center  line  of  Seward  street, 
thence  west  along  Seward  street  to  an  intersection  with  the  center 
line  of  Twenty-seventh  street,  thence  north  along  Twenty-seventh 
street,  to  an  intersection  with  the  center  hue  of  Lake  street,  thence 
east  along  Lake  street  to  Twenty-fourth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Lake  and 
Twenty-seventh  streets,  thence  south  on  Twenty-seventh  street 
to  an  intersection  with  the  center  line  of  Seward  street,  thence 
west  on  Seward  street  to  an  intersection  with  the  center  hne  of 
Thirty-third  street,  thence  north  on  Thirty-third  street  to  an 
intersection  with  the  center  line  of  Lake  street,  thence  east  on 
Lake  street  to  Twentv-seventh  street. 


REVISED    ORDINANCES.  537 

FOURTH  PRECINCT. 
Beginning  at  the  intersection  of  the  center  lines  of  Thirty- 
third  street  and  Lake  street,  thence  south  on  Thirtj^-third  street 
to  an  intersection  with  the  center  Hne  of  Seward  street,  thence 
west  along  Seward  street  to  an  intersection  with  the  west  line  of 
the  city  limits,  thence  north  along  the  line  of  the  west  city  hmits 
to  an  intersection  with  the  center  hne  of  Pratt  street,  if  extended, 
thence  east  along  Pratt  street,  if  extended,  to  an  intersection  with 
the  center  line  of  Forty-second  street,  thence  south  along  Forty- 
second  street  to  an  intersection  with  the  center  line  of  Wirt  street, 
thence  east  along  Wirt  street  to  an  intersection  with  the  center 
line  of  Forty-first  street,  thence  south  along  Forty-first  street 
to  an  intersection  with  the  center  hne  of  Lake  street,  thence  east 
along  Lake  street  to  Thirty-third  street. 

Seventh  Ward. 

Section  8.  The  Seventh  ward  shall  be  divided  into  four 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  follows: 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twenty- 
fourth  and  Leavenworth  streets,  thence  south  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  line  of  Poppleton 
avenue,  thence  west  along  Poppleton  avenue  to  an  intersection 
with  the  center  line  of  Park  avenue,  thence  north  along  Park 
avenue  to  an  intersection  with  the  center  line  of  Leavenworth 
street,  thence  east  along  Leavenworth  street  to  Twenty-fourth 
street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Poppleton 
avenue  and  Twenty-fourth  street,  thence  south  along  Twenty-fourth 
street  to  an  intersection  with  the  west  line  of  the  Union  Pacific 
Railway  right-of-way.  thence  southwesterly  along  said  railway 
right-of-way  to  an  intersection  with  the  center  line  of  Martha 
street,  thence  west  along  Martha  street  to  an  intersection  with 
the  center  line  of  Twenty-seventh  street,  thence  uoi-tli  along 
Twenty-seventh  street  to  an  intersection  with  the  center  line  of 
K(l  Creighton  avenue,  thence  west  along  Ed  Creighton  avenue  to 
an  intersection  with  tlie  center  line  of  Thirty-second  axciine. 
1  hence  north  alojig  Thirty-second  avenue  to  an  intersection  witii 
the  center  line  of  Woolworth  avenue,  thence  east  along  Woolworth 


538  REVISED    ORDINANCES. 

avenue  to  an  intersection  with  the  center  line  of  Park  avenue, 
thence  north  along  Park  avenue  to  an  intersection  with  the  center 
line  of  Poppleton  avenue,  thence  east  along  Poppleton  avenue 
to  Twenty-fourth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Leaven- 
worth street  and  Park  avenue,  thence  south  along  Park  avenue 
to  an  intersection  with  the  center  line  of  Woolworth  avenue, 
thence  west  along  Woolworth  avenue  to  an  intersection  with 
the  center  line  of  Thirty-second  avenue,  thence  south  along  Thirty- 
second  avenue  to  an  intersection  with  the  center  line  of  Lincoln 
avenue,  thence  west  along  Lincoln  avenue  to  an  intersection  with 
the  center  line  of  Thirty-eighth  street,  if  extended,  thence  north 
along  Thirtj^-eighth  street  to  an  intersection  with  the  center  line 
of  Leavenworth  street,  thence  east  along  Leavenworth  street  to 
Park  avenue. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Thirty- 
eighth  street  and  Pacific  street,  thence  south  along  Thirty-eighth 
street,  if  extended,  to  an  intersection  with  the  center  line  of  Lincoln 
avenue,  thence  east  alo-ng  Lincoln  avenue  to  an  intersection  with 
the  center  line  of  Thirty-second  avenue,  thence  south  along  Thirty- 
second  avenue  to  the  south  city  limits,  thence  west  along  the  south 
line  of  the  city  limits  to  an  intersection  with  the  west  line  of 
the  city  limits,  thence  north  along  the  west  line  of  the  city  limits 
to  an  intersection  with  the  center  line  of  Leavenworth  street,  if 
extended,  thence  east  along  the  line  of  the  city  limits  to  an  in- 
tersection of  the  center  lines  of  Leavenworth  and  Forty-eighth 
streets,  thence  south  along  Forty-eighth  street  to  an  intersec- 
tion with  the  center  hne  of  Pacific  street,  thence  east  along 
Pacific  street  to  Thirty-eighth  street. 

Eighth  Ward 

Section  9.  The  Eighth  ward  shall  be  divided  into  four 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  fol- 
lows : 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  with  the  south  Hne  of  E.  V.  Smith's  addition,  thence  south 
along  Twentieth  street  to  an  intersection  with  the  center  line  of 


REVISED    ORDINANCES.  539 

Cuming  street,  thence  west  along  Cuming  street  to  an  intersection 
with  the  center  line  of  Twenty-fifth  avenue,  thence  north  on  Twen- 
ty-fifth avenue  to  an  intersection  with  the  center  line  of  Indiana 
street,  thence  west  along  Indiana  street  to  an  intersection  with 
the  center  line  of  Twenty-sixth  street,  thence  north  along  Twenty- 
sixth  street  to  an  intersection  with  the  center  line  of  Seward  street 
thence  east  along  Seward  street  to  Twenty-second  street,  thence 
north  on  Twenty-second  street  to  the  south  line  of  E.  V.  Smith's 
addition,  thence  east  along  the  south  line  of  E.  "\'.  Smith's  addi- 
tion to  Twentieth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  Twentieth  and  Nicholas 
streets,  thence  east  along  Nicholas  street,  to  an  intersection  with 
the  center  line  of  Sixteenth  street,  thence  south  along  Sixteenth 
street  to  an  intersection  with  the  center  line  of  California  street, 
thence  west  along  California  street  to  an  intersection  with  the 
center  line  of  Twentieth  street,  thence  north  along  Twentieth 
street  to  Nicholas  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Sixteenth 
street  and  California  street,  thence  south  along  Sixteenth  street 
to  an  intersection  with  the  center  Hne  of  Chicago  street,  thence 
west  along  Chicago  street  to  an  intersection  with  the  center  line 
of  Twenty-second  street,  thence  north  along  Twentj^-second  street 
to  an  intersection  with  the  center  Hne  of  California  street,  thence 
east  along  California  street  to  Sixteenth  street. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  and  Cuming  street,  thence  south  along  Twentieth  street 
to  an  intersection  with  the  center  line  of  Cahfornia  street,  thence 
west  along  California  street  to  an  intersection  with  the  center 
line  of  Twenty-second  street,  thence  south  along  Twenty-second 
street  to  an  intersection  with  Chicago  street,  thence  west  along 
Chicago  street  to  an  intersection  with  the  center  line  of  Twenty- 
sixth  street,  thence  north  along  Twenty-sixth  street  to  an  inter- 
section with  the  center  line  of  Burt  street,  thence  east  along  lUirt 
street  to  an  intersection  with  the  center  line  of  Twenty-fifth  avenue, 
thence  north   along  Twenty-fifth   avenue  to  an  intersection   with 


540  REVISED    ORDINANCES. 

the  center  line  of  Ginning  street,  thence  east  along  Cuming  street 
to  Twentieth  street. 

Ninth  Ward. 

Section  10.  The  ninth  ward  shall  be  divided  into  five  pre- 
cincts, the  numbers  and  boundaries  of  which  shall  be  as  follows: 

•     FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Seward 
street  and  Twenty-sixth  street,  thence  south  along  Twenty-sixth 
street  to  an  intersection  with  the  center  line  of  Indiana  street, 
thence  east  along  Indiana  street  to  an  intersection  with  the  center 
line  of  Twenty-fifth  avenue,  thence  south  along  Twenty-fifth 
avenue  to  an  intersection  with  the  center  line  of  Burt  street,  thence 
west  along  Burt  street  to  an  intersection  with  the  center  line  of 
Twenty-sixth  street,  thence,  south  along  Twenty-sixth  street 
to  an  intersection  with  the  center  line  of  California  street,  thence 
west  along  California  street  to  an  intersection  with  the  center 
line  of  Thirtieth  street,  thence  north  along  Thirtieth  street  to  an 
intersection  with  the  center  line  of  Seward  street,  if  extended, 
thence  east  along  Seward  street  to  Twenty-sixth  street, 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Seward 
and  Thirtieth  streets,  thence  south  along  Thirtieth  street  to  an 
intersection  with  the  center  line  of  Burt  street,  if  extended,  thence 
west  along  Burt  street  to  an  intersection  with  the  center  line  of 
Thirty-eighth  street,  thence  north  along  Thirty-eighth  street  to 
an  intersection  with  the  center  line  of  Seward  street,  thence  east 
along  Seward  street  to  Thirtieth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Burt  street 
and  Thirtieth  street,  thence  south  along  Thirtieth  street  to  an 
intersection  with  the  center  line  of  Davenport  street,  thence  west 
along  Davenport  street  to  an  intersection  with  the  center  line  of 
Thirty-eighth  street,  thence  north  along  Thirty-eighth  street 
to  an  intersection  with  the  center  line  of  Burt  street,  thence  east 
along  Burt  street  to  Thirtieth  street. 


REVISED    ORDINANCES.  541 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  hnes  of  Davenport 
and  Thirtieth  streets,  thence  south  along  Thirtieth  street  to  an 
intersection  with  the  center  hne  of  Dodge  street,  thence  east  along 
Dodge  street  to  an  intersection  of  the  center  line  of  Twenty-ninth 
avenue,  thence  south  along  Twenty-ninth  avenue  to  an  intersection 
with  the  center  line  of  Dewey  avenue,  thence  west  along  Dewej' 
avenue  to  an  intersection  with  the  center  line  of  Thirty-eighth 
street,  thence  north  along  Thirty-eighth  street  to  an  intersection 
with  the  center  line  of  Davenport  street,  thence  east  along  Daven- 
port street  to  Thirtieth  street. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twenty- 
sixth  and  California  streets,  thence  south  along  Twenty-sixth 
street  to  an  intersection  with  the  center  line  of  Dodge  street,  thence 
west  along  Dodge  street  to  an  intersection  with  the  center  line 
of  Twenty-sixth  avenue,  thence  south  along  Twenty-sixth  avenue 
to  an  intersection  with  the  center  line  of  Farnam  street,  thence 
east  along  Farnam  street  to  an  intersection  with  the  center  line 
of  Twenty-sixth  street,  thence  south  along  Twenty-sixth  street 
to  an  intersection  with  the  center  line  of  Dewey  avenue,  if  extended, 
thence  west  along  Dewey  avenue  to  an  intersection  of  the  center 
with  the  center  line  of  Park  avenue,  thence  north  along  Park 
avenue  to  an  intersection  with  the  center  line  of  Dodge  street, 
thence  west  along  Dodge  street  to  the  intersection  with  the  center 
line  of  Thirtieth  street,  thence  north  along  Thirtieth  street  to 
an  intersection  with  the  center  hne  of  Cahfornia  street,  thence 
east  along  California  street  to  an  intersection  with  Twenty-sixth 
street. 

Tenth  Ward. 

Section  11.  That  the  Tenth  ward  shall  be  divided  into  five 
precincts,  the  nunil)ers  and  boundaries  of  which  shall  be  as  follows: 

FIRST  PRPXINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Leaven- 
worth street  and  Tenth  street,  thence  south  along  Tentli  street 
to  an  intersection  with  the  center  hue  of  Wilhunis  street,  thence 
west  on  Wilhams  street  to  an  intersection  with  the  center  hne 
of  Thirteenth  street,  thence  north  on  Thirteen tli  street  to  an  inter- 


542  REVISED    ORDINANCES. 

section   with   the   center  line  of  Leavenworth  street,   thence  east 
along  Leavenw^orth  street  to  Tenth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Leaven- 
worth street  and  Thirteenth  street,  thence  south  on  Thirteenth 
street  to  an  intersection  with  the  center  line  of  Pierce  street, 
thence  west  along  Pierce  street  to  an  intersection  with  the  west 
line  of  the  fnion  Pacific  Railway  right-of-way;  thence  southwest 
along  the  west  line  of  the  Union  Pacific  Railway  right-of-way  to 
an  intersection  with  the  center  line  of  Twentieth  street,  thence 
north  along  Twentieth  street  to  an  intersection  with  the  center 
line  of  Leavenworth  street,  thence  east  along  Leavenworth  street 
to  Thirteenth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Twentieth 
street  and  Leavenworth  street,  thence  south  along  Twentieth 
street  to  an  intersection  with  the  west  line  of  the  L'nion  Pacific 
Railwav'  right-of-way,  thence  southwest  along  the  west  line  of 
the  I7nion  Pacific  Raihvay  right-of-M^ay  to  an  intersection  with 
the  center  line  of  Twenty-fourth  street,  thence  north  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  line  of  Leaven- 
worth street,  thence   east   along   Leavenworth   street  to  Twentieth 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Thirteenth 
and  Pierce  streets,  thence  south  along  Pierce  street  to  an  inter- 
section with  the  center  line  of  Wilham  street,  thence  west  on 
William  street  to  an  intersection  with  the  center  line  of  Sixteenth 
street,  thence  south  along  Sixteenth  street  to  an  intersection  with 
the  center  line  of  Lincoln  avenue,  thence  Avest  on  Lincoln  avenue, 
if  extended,  to  an  intersection  with  the  west  line  of  the  Union 
Pacific  Railway  right-of-way,  thence  northeast  along  the  west 
line  of  the  Union  Pacific  Railway  right-of-way  to  an  intersection 
with  the  center  line  of  Pierce  street,  thence  east  on  Pierce  street 
to  Thirteenth  street. 

FIFTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Tenth 
and  Wilham  street,  thence  south  along  Tenth  street  to  an  inter- 
section with  the  center  line  of  Lincoln  avenue,  thence  west  along 


REVISED    ORDINANCES.  543 

Lincoln  avenue  to  an  intersection  with  the  center  hne  of  Six- 
teenth street,  thence  north  along  Sixteenth  street  to  an  inter- 
section of  the  center  line  of  William  street,  thence  east  along 
William  street  to  Tenth  street. 

Eleventh  Ward. 

Section  12.  The  eleventh  ward  shall  be  divided  into  four 
precincts,  the  numbers  and  boundaries  of  which  shall  be  as  fol- 
lows :  , 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Thirty- 
eighth  and  Seward  streets,  thence  south  along  ThirtyTeighth 
street  to  an  intersection  with  the  center  hne  of  Cahfornia  street, 
thence  west  along  California  street  to  an  intersection  with  the  w^est 
city  limits,  thence  north  along  the  west  hne  of  the  city  limits  to 
an  intersection  with  the  center  line  of  Seward  street,  thence 
east   along    Seward   street  to  Thirty-eighth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  California 
street  and  Thirty-eighth  street,  thence  south  along  Thirty-eighth 
street  to  an  intersection  with  the  center  line  of  Pacific  street, 
thence  west  along  Pacific  street  to  an  intersection  with  the  center 
line  of  Forty-eighth  street,  thence  north  along  Forty-eighth  street 
and  west  city  limits  to  an  intersection  with  the  center  line  of 
California  street,  thence  east  along  California  street  to  Thirty- 
eighth  street. 

THIRD  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Dewey 
avenue  and  Thirty-first  street,  thence  south  along  Thirty-first 
street  to  an  intersection  with  the  center  line  of  Leavenworth 
street,  thence  west  along  Leavenworth  street  to  an  intersection 
with  the  center  line  of  Thirty-eighth  street,  thence  north  along 
Thirty-eighth  street  to  an  intersection  with  the  center  line  of 
Dewey  avenue,  thence  west  along  Dewey    avenue  to  Thirty-first 

FOURTH  PRIX'INCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Dewey 
avenue  and  Twenty-fourth  street,  thence  south  along  Twenty- 
fourth  street  to  an  intersection  with  the  center  hne  of  Leaven- 
worth street,  thence  west  along  Leavenworth  street  to  an  inter- 


544  REVISED    ORDINANCES. 

section  with  tlie  center  line  of  Thirty-first  street,  thence  north 
along  Thirty-first  street  to  an  intersection  with  the  center  line  of 
Dewey  avenue,  thence  east  along  Dewey  avenue  to  Twenty-fourth 
street. 

Twelfth  Ward. 

Section  13.  That  the  Twelfth  ward  shall  be  divided  into 
four  precincts,  the  numbers  and  boundaries  of  which  shall  be  as 
follows : 

FIRST  PRECINCT. 

Beginning  at  the  intersection  of  the  center  line  of  Thirty- 
sixth  street  with  the  north  city  hmits,  thence  south  along  Thirty- 
sixth  street  to  its  intersection  with  the  center  line  of  Grand  avenue, 
thence  east  on  Grand  avenue  to  its  intersection  with  the  center 
line  of  Thirty-third  street,  thence  south  along  Thirty-third  street 
to  its  intersection  with  the  center  line  of  Boyd  street,  thence  east 
along  Boyd  street  and  its  extension  to  an  intersection  with  the 
center  line  of  Thirtieth  street,  thence  south  on  Thirtieth  street 
to  its  intersection  with  the  center  line  of  Pinkney  street,  thence 
east  along  Pinkney  street  to  an  intersection  with  the  center  line 
of  Twent3'^-fourth  street,  thence  north  along  Twenty-fourth  street 
to  an  intersection  with  the  line  of  its  north  city  limits,  thence 
west  along  the  line  of  the  north  city  limits  to  an  intersection  with 
the  center  of  Thirty-sixth  street. 

SECOND  PRECINCT. 

Beginning  at  the  intersection  of  the  north  and  west  lines 
of  the  city  hmits,  thence  south  along  the  west  line  of  the  city  limits 
to  an  intersection  with,  the  center  of  Pratt  street  and  its  extension, 
thence  east  along  Pratt  street  to  an  intersection  witn  the  center 
line  of  Forty-second  street,  thence  south  along  Forty-second 
street  to  its  intersection  with  the  center  line  of  Boulevard  avenue, 
thence  east  along  Boulevard  avenue  to  an  intersection  with  the 
center  line  of  Tnirty-sixth  street,  thence  north  along  Thirty-sixth 
street  to  an  intersection  with  the  center  line  of  Pinkney  street, 
thence  east  along  Pinkney  street  to  an  intersection  with  the  center 
line  of  Thirtieth  street,  thence  nortn  along  Thirtieth  street  to  an 
intersection  with  the  center  line  of  Boyd  street,  thence  west  along 
Boyd  street  and  its  extension  to  an  intersection  with  the  center 
line  of  Thirty-third  street,  thence  north  along  Thirty-third  street 
to  an  intersection  with  the  center  line  of  Grand  avenue,  thence 


REVISED    ORDINANCES.  545 

west  along  Grand  avenue  to  an  intersection  with  the  center  Hne 
of  Thirty-sixth  street,  thence  north  along  Thirty-sixth  street 
to  an  intersection  with  the  north  line  of  the  city  limits,  thence 
west  along  the  north  line  of  the  city  limits  to  an  intersection  with 
the  west  line  of  the  city  limits. 

THIRD  PRECINXT. 

Beginning  at  the  intersection  of  the  center  lines  of  Fortj^- 
second  street  and  Boulevard  avenue,  thence  south  along  Forty- 
second  street  to  an  intersection  with  the  center  line  of  Wirt  street, 
thence  east  along  Wirt  street  to  an  intersection  with  the  center 
line  of  Forty- first  street,  thence  south  along  Forty-first  street  to 
an  intersection  with  the  center  line  of  Lake  street,  thence  east 
along  lake  street  to  an  intersection  with  the  center  line  of  Thirtieth 
street,  thence  north  along  Thirtieth  street  to  an  intersection  with 
the  center  line  of  Pinkne}^  street,  thence  west  along  Pinkney  street 
to  an  intersection  with  the  center  line  of  Thirty-sixth  street,  thence 
south  along  Thirty-sixth  street  to  an  intersection  with  the  center 
line  of  Boulevard  avenue,  thence  west  on  Boulevard  avenue  to  an 
intersection  with  Forty-second  street. 

FOURTH  PRECINCT. 

Beginning  at  the  intersection  of  the  center  lines  of  Pinkney 
street  and  Thirtieth  street,  thence  south  along  Thirtieth  street 
to  an  intersection  with  the  center  line  of  Lake  street,  thence  east 
along  Lake  street  to  an  intersection  with  the  center  line  of  Twenty- 
fourth  street,  thence  north  along  Twenty-fourth  street  to  an  inter- 
-section  with  the  center  hne  of  Ohio  street,  thence  east  along 
Ohio  street  to  an  intersection  with  the  center  line  of  Twentieth 
street,  thence  north  along  Twentieth  street  to  an  intersection 
with  the  center  hne  of  Pinkney  street,  thence  west  along  Pink- 
nev  street,  to  an  intersection  with  Thirtieth  street. 


546  REVISED    ORDINANCES. 

CHAPTER  XC VIII. 

WARDS— BOUNDARIES. 

Section  1.  That  the  territory  comprising  the  city  of  Omaha 
be   and  is  hereby  divided  into  twelve   wards. 

First   ward. 

Section  2.  The  boundaries  of  the  First  ward  shall  be  as 
follows : 

Beginning  at  a  point  on  the  Missouri  river  opposite  the  center 
line  of  Leavenworth  street,  thence  west  on  Leavenworth  street 
to  the  center  of  tenth  street,  thence  south  on  the  center  line  of 
Tenth  street  to  the  center  of  Lincoln  avenue,  thence  west  along 
the  center  line  of  Lincoln  avenue  to  Thirteenth  street,  thence 
south  along  the  center  line  of  Thirteenth  street  to  the  southern 
limits  of  the  city,  thence  east  along  the  southern  limits  of  the 
city  to  the  Missouri  river,  thence  north  along  the  ^Missouri  river 
to   the   place    of   beginning. 

Second  ward. 

Section  3.  The  boundaries  of  the  Second  ward  shall  be 
as  follows: 

Beginning  at  the  intersection  of  Thirteenth  street  and  Lincoln 
avenue,  thence  west  along  the  center  of  Lincoln  avenue  to 
the  west  line  of  the  L'nion  Pacific  right-of-way,  thence  south- 
westerly along  the  west  line  of  the  L'nion  Pacific  right-of-way  to 
Martha  street,  thence  west  along  the  center  line  of  Martha  street 
to  the  center  of  Twenty-seventh  street,  thence  north  along  the 
center  line  of  Twenty-seventh  street  to  the  center  of  Ed  Creighton 
avenue,  thence  west  along  the  center  of  said  Ed  Creighton  avenue 
to  the  center  of  Thirty-second  avenue,  thence  south  along  the  center 
of  Thirty-second  avenue  to  the  southern  limits  of  the  city,  thence 
east  and  southeasterly  along  the  southern  limits  of  the  city  to 
to  the  center  of  Thirteenth  street,  thence  north  along  the  center 
of   Thirteenth    street    to    the    place    of   beginning. 

Third  ward. 

Section  4.  The  boundaries  of  the  Third  ward  shall  be  as 
follows : 


REVISED    ORDINANCES.  547 

Beginning  at  a  point  on  the  Missouri  river  opposite  Nicholas 
street,  if  extended,  thence  west  along  the  center  hne  of  said  Nicholas 
street  to  the  center  of  Sixteenth  street,  thence  south  along  the 
center  line  of  Sixteenth  street  to  the  center  of  Leavenworth  street, 
thence  east  along  the  o^nter  of  Leavenworth  street  to  the  ]\Iissonri 
river,  thence  north  along  the  Missouri  river  to  the  place  of  be- 
ginning. 

Fourth  ward. 

Section  5.  The  boundaries  of  the  Fourth  ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  Chicago  street  with  Sixteenth 
street,  thence  west  along  the  center  line  of  Chicago  street  to  the 
center  of  Twenty-sixth  street,  thence  south  along  the  center  hne 
of  Twenty-sixth  street  to  the  center  of  Dodge  street,  thence  west 
on  Dodge  street  to  the  center  of  Twenty-sixth  avenue,  thence 
south  along  the  center  of  Twenty-sixth  avenue  to  the  center  of 
Farnam  street,  thence  east  along  the  center  line  of  Farnam  street 
to  the  center  of  Twenty-sixth  street,  thence  south  along  the  cen- 
ter line  of  Twenty-sixth  street  to  the  center  of  Dewey  avenue, 
thence  east  along  the  center  line  of  Dewey  avenue  to  the  center  of 
Twenty-fourth  street,  thence  south  along  the  center  line  of  Twenty- 
fourth  street  to  the  center  of  Leavenworth  street,  thence  east 
along  the  center  line  of  Leavenworth  street  to  the  center  line  of 
Sixteenth  street,  thence  north  along  the  center  line  of  Sixteenth 
street   to   the   place   of   beginning. 

Fifth  ward. 

Section  6.  The  boundaries  of  the  Fifth  ward  shall  be  as 
follows : 

Beginning  at  the  northeast  corner  of  tlie  city  liinits.  tlience 
west  along  the  north  line  of  th(>  cil\-  limits  to  the  center  of 
Twenty-fourth  street,  thence  south  along  the  center  line  of  Twen- 
ty-fourth street  to  the  center  of  Pinkney  street,  thence  east  along 
the  center  Hne  of  Pinkney  street  to  ilic  cciiicr  liiu^ 
of  Twentieth  street,  thence  south  along  the  ceiilci-  line  ol'  Twen- 
tieth street  to  the  center  line  of  Nicholas  street,  tlicncc  casi  along 
the  center  line  of  Nicholas  street  to  the  Missouri  river  and  (he  cast 
limits  of  the  city,  thence  north  along  the  east  city  limits  lu  the 
place  of  beginning. 


548  REVISED    ORDINANCES. 

Sixth  ward. 

Section  7.  The  boundaries  of  the  Sixth  ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  ()hio  street  and  Twentieth 
street,  thence  w-est  along  the  center  line  of  Ohio  street  to  the  cen- 
ter of  Twenty-fourth  street,  thence  south  along  the  center  line 
of  Twenty-fourth  street  to  the  center  of  Lake  street,  thence  west 
along  the  center  line  of  Lake  street  to  the  center  of  Forty-first 
street,  north,  thence  north  along  the  center  hue  of  Forty-first 
street  to  the  center  of  Wirt  street,  thence  west  along  the  center 
line  of  Wirt  street  to  the  center  of  Forty-second  street,  thence 
north  along  the  center  line  of  Forty-second  street  to  the  south 
line  of  Fontanelle  Park,  extended,  or  the  north  line  of  section 
eight  (8),  thence  west  along  the  south  line  of  Fontanelle  Park, 
extended,  or  the  north  line  of  section  eight  (8)  to  the  Avest  city 
limits,  thence  south  along  the  west  city  limits  to  the  center  of 
Seward  street,  thence  east  along  the  center  line  of  Seward 
street  to  the  center  of  Twenty-second  street,  thence  north 
along  the  center  line  of  Twenty-second  street  to  the  south  line 
of  E.  V.  Smith's  addition,  thence  east  along  the  south  line  of 
E.  V.  Smith's  addition  to  the  center  of  Twentieth  street,  thence 
north  along  the  center  line  of  Twentieth  street  to  the  place  of 
beginning. 

Seventh  ward. 

Section  8.  The  boundaries  of  the  Seventh  ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  Leavenworth  street  and  Twentj^- 
fourth  street,  thence  w^est  along  the  center  line  of  Leavenworth 
street  to  the  center  of  Thirty-eight  street,  thence  south  along 
the  center  hue  of  Thirty-eighth  street  to  the  center  line  of  Pa- 
cific street,  thence  west  along  the  center  line  of  Pacific  street  to 
the  center  hue  of  Forty-eighth  street,  thence  north  along  the 
center  line  of  Forty-eighth  street  to  the  center  of  Leavenworth 
street,  thence  west  along  the  center  line  of  Leavenworth  street 
to  the  west  city  limits,  thence  south  along  the  west  city  limits  to 
the  south  city  limits,  thence  east  along  the  south  city  limits  to 
the  center  of  Forty-second  street,  thence  north  along  the  center 
line  of  Forty-second  street  to  the  center  of  Grover  street, 
thence  east  along  the  south  city  limits  to  the  center  of 
Thirty-second  avenue,  thence  north  along  the  center  line  of  Thirty- 


REVISED    ORDINANCES.  549 

second  avenue  to  Ed  Creighton  avenue,  thence  east  along  the  cen- 
ter line  of  Ed  Creighton  avenue  to  the  center  of  Twenty-seventh 
street,  thence  south  along  the  center  hne  of  Twenty-seventh 
street  to  the  center  of  Martha  street,  thence  east  along  the  center 
line  of  Martha  street  to  the  west  line  of  the  Union  Pacific  right- 
of-way,  thence  northeaster!}^  along  the  west  line  of  the  Union 
Pacific  right-of-way  to  the  center  of  Twenty-fourth  street, 
thence  north  along  the  center  line  of  Twentj'-fourth  street  to  the 
place  of  beginning. 

Eighth  ward. 

Section  9.  The  boundaries  of  the  Eighth  ward  shall  be  as 
follows  : 

Beginning  at  the  intersection  of  the  center  line  of  Nicholas 
street  and  Sixteenth  street,  thence  west  along  the  center  line  of 
Nicholas  street  to  the  center  of  Twentieth  street,  thence  north 
along  the  center  line  of  Twentieth  street  to  the  south  line  of  E.  V. 
Smith's  addition,  thence  west  along  the  south  line  of  E.  V.  Smith's 
addition  to  the  center  of  Twenty-second  street,  thence  south 
along  the  center  line  of  Twenty-second  street  to  the  center  of 
Seward  street,  thence  west  along  the  center  line  of  Seward  street 
to  the  center  of  Twenty-sixth  street,  thence  south  along  the 
center  line  of  Twenty-sixth  street  to  the  center  of  Indiana  avenue, 
thence  east  along  the  center  line  of  Indiana  avenue  to  the  center 
of  Twenty-fifth  avenue,  thence  south  along  the  center  liue  of 
Twenty-fifth  avenue  to  the  center  of  Burt  street,  thence  west 
along  the  center  line  of  Burt  street  to  the  center  of  Twenty-sixty 
street,  thence  south  along  the  center  line  of  Twenty-sixth  street 
to  the  center  of  Chicago  street,  thence  east  along  the  center  line 
of  Chicago  street  to  the  center  of  Sixteenth  street,  thence  north 
along  the  center  line  of  Sixteenth  street  to  the  place  of  lieginning. 

Ninth  ward. 

Section  10.  The  boundaries  of  the  Nintli  ward  shall  be  as 
follows : 

Beginning  at  the  intersection  of  Twenty-sixth  street  mid 
Seward  street,  thence  west  along  the  center  line  of  Seward  street 
to  the  center  of  Thirty-eight  street,  thence  south  along  the  center 
line  of  Thirty-eight  street  to  the  center  of  Dewey  av(Miu(\ 
thence  east  along  the  center  line  of  Dewey  avemif  to  tiic  .•.ntcr 
of   Twenty-sixth   street,    thence   north    along   the    cciitci-    line    ..f 


550  Its  VISED    ORDINANCES. 

Twenty-sixth  street  to  the  center  of  Farnam  street,  thence  west 
along  the  center  Hne  of  Farnam  street  to  the  center  of  Twenty- 
sixth  avenue,  thence  north  along  the  center  line  of  Twenty-sixth 
avenue  to  the  center  of  Dodge  street,  thence  east  along  the  center 
line  of  Dodge  street  to  the  center  of  Twenty-sixth  street,  thence 
north  along  the  center  line  of  Twenty-sixth  street  to  the  inter- 
section of  same  with  Burt  street  thence  east  along  the  center 
line  of  Burt  street  to  the  center  of  Twenty-fifth  avenue,  thence  north 
along  the  center  line  of  ''JVenty-fifth  avenue  to  the  center  of  Indiana 
avenue,  thence  west  along  the  center  line  of  Indiana  avenue  to 
the  center  of  Twenty-sixth  street,  thence  north  along  the  center  line 
of  Twenty-sixth  street  to  the  place  of  beginning. 

Tenth  ward. 

Section  11.  The  boundaries  of  the  Tenth  ward  shall  be  as 
follows : 

Begining  at  the  intersection  of  Leavenworth  street  with 
Tenth  street,  thence  west  along  the  center  line  of  Leavenworth 
street  to  the  center  of  Twenty-fourth  stree,  thence  Si^uth 
along  the  center  line  of  Twenty-fourth  street  to  the  center  of 
liincoln  avenue,  thence  east  along  the  center  line  of  Lincoln  avenue, 
as  extended,  to  the  center  of  Tenth  street,  thence  north  along  the 
center  line  of  Tenth  street  to  the  place  of  beginning. 

Eleventh  ward. 

Section  12.  The  boundaries  of  the  Eleventh  ward  shall 
be   as   follows : 

Beginning  at  the  intersection  of  the  center  line  of  Dewey  ave- 
nue and  Twenty-fourth  street  thence  west  along  the  center  line  of 
Dewey  avenue  to  the  center  of  Thirty-eight  street,  thence  north 
along  the  center  line  of  Thirty-eight  street  to  the  center  of  Seward 
street,  thence  west  along  the  center  line  of  Seward  street  to  the 
west  city  limits, thence  south  along  the  west  city  limits  and  the  center 
of  Forty-eighth  street  to  the  center  of  Pacific  street,  thence  east 
along  the  center  line  of  Pacific  street  to  the  center  of  Thirty- 
eighth  street,  thence  north  along  the  center  line  of  Thirty-eighth 
street  to  the  center  of  Leavenworth  street,  thence  east  along  the 
center  line  of  Leavenworth  street  to  the  center  of  Twenty-fourth 
street,  thence  north  along  the  center  of  Twenty-fourth  street  to  the 
place  of  beginning. 


REVISED    ORDINANCES.  551 


Twelfth  ward. 


Section  13.  The  boundaries  of  the  Twelfth  ward  shall  be 
as  follows: 

Beginning  at  the  intersection  of  the  center  line  of  Twenty- 
fourth  street  and  the  north  citj^  limits  thence  west  along  the 
north  city  limits  to  the  west  city  limits  thence  south  along  the  west 
city  limits  to  the  south  line  of  Fontanelle  Park,  or  the  north  line 
of  section  Eight  (8),  thence  east  along  the  south  hne  of  Fontanelle 
Park,  or  the  north  line  of  section  eight  (8),  to  the  center  of  Forty- 
second  street,  thence  south  along  the  center  line  of  Forty-second 
street  to  the  center  of  Wirt  street,  thence  east  along  the  center  of 
Wirt  street  to  the  center  of  Forty-first  street,  thence  south  along 
the  center  line  of  Forty-first  street  to  the  center  of  Lake  street, 
thence  east  along  the  center  line  of  Lake  street  to  the  center  line 
of  Twentj'^-fourth  street,  thence  north  along  the  center  line  of 
Twenty-fourth  street  to  the  center  of  Ohio  street,  thence  east 
along  the  center  line  of  Ohio  street  to  the  center  of  Twentieth 
street,  thence  north  along  the  center  line  of  Twentieth  street  to 
the  center  of  Pinkney  street,  thence  west  along  the  center  line  of  Pink- 
ney  street  to  the  center  of  Twentj'^-fourth  street,  thence  north 
along  the  center  of  Twenty-fourth  street  to  the  place  of  beginning. 

Waste  Paper  Boxes  in  Street. 

See  Misdemeanors,  Sections  97  and  9S. 

Watchman,  Railroads  to  Appoint. 

See  Railroads,  Section  19-21. 

Water  and  Rubbish  on  Streets. 

See  Street  Sprinkling,  Section  3. 

Water  Closets,  not  on  Same  Floor  with  Bakery. 

See  Sanitary  Regulations,  Section  94. 


552  REVISED    ORDINANCES. 

CHAPTER  XCIX. 

WEIGHERS. 
Appointment. 

Section  1.  That  tlie  mayor,  subject  to  the  approval  of  the 
city  council,  shall  appoint  such  persons  to  be  city  weighers  as  may 
be  necessary  to  protect  and  conveniently  serve  the  public,  which 
appointments  shall  be  suoject  to  revocation  at  any  time  by  the 
mayor  and  city  council  and  shall  be  subject  to  the  provisions  of 
all  ordinances  now  existing  or  hereafter  passed  regulating  the  use 
of  public  streets;  Provided,  that  no  person,  firm  or  corporation 
shall  be  appointed  city  weigher  who  is  engaged  in  the  sale  and 
delivery  of  coal,  hay,  grain  or  feed,  nor  shall  any  employe  of  any 
such  person,  firm  or  corporation  be  appointed  city  weigher. 

Bond. 

Section  2.  Every  city  weigher  shall  execute  a  good  and  suffi- 
cient bond  to  the  city  of  Omaha  in  the  sum  of  one  thousand  ($1,000) 
dollars  with  sureties  to  be  approved  by  the  city  council,  conditioned 
as  required  by  the  act  incorporating  metropolitan  cities. 

Scales  of  weigher. 

Section  3.     Each  of  said  weighers  so  appointed  shall  provide, 
his  own  scales,  which  shall  be  of  the  most  approved  pattern  in  use, 
and  shall  locate  them  and  keep  them  properly  adjusted  and  re- 
paired at  his  own  expense. 

Duties  of  weigher. 

Section  4.  It  shall  be  the  duty  of  the  weighers  so  appointed 
to  have  their  scales  adjusted  and  sealed  by  the  sealer  of  weights 
and  measures  at  least  once  in  every  three  months,  and  oftener  if 
required.  It  shall  further  be  their  duty  to  weigh  any  coal,  hay  or 
any  other  article,  when  required  so  to  do  by  the  person  or  persons 
bringing  the  same. 

Deputies. 

Section  5.  The  weighers  so  appointed  shall  have  power  to 
appoint  all  necessary  deputies  to  attend  said  scales,  and  the  official 
bond  of  said  weigher  shall  be  holden  and  answerable  for  the  acts 
of  said  deputies. 


REVISED    ORDINANCES.  553^ 

Time  of  attending  scales. 

Section  6.  Said  weighers  shall,  either  in  person  or  by  deputy, 
be  present  at  their  individual  scales  during  all  reasonable  business 
hours  each  day — Sundays  and  legal  holidays  excepted. 

Charges — Certificate. 

Section  7.  That  said  weighers  shall  be  allowed  to  charge 
and  receive  ten  (10)  cents  for  every  load  or  part  of  a  load,  or  other 
article  of  any  kind  or  nature  whatsoever  weighed  by  them,  and 
shall  keep  an  account  of  the  weight  of  every  load,  part  of  a  load,  or 
other  article  by  them  weighed,  and  shall  furnish  to  the  person 
having  such  load,  part  of  a  load,  or  article  so  weighed,  a  certificate 
for  the  same,  which  certificate  shall  contain  the  gross  and  net 
weight  of  each  load,  part  of  a  load  or  article  so  weighed. 

Register. 

Section  S.  The  said  city  weighers  shall  severally  provide 
themselves  with,  and  each  shall  keep  a  register  in  which  they  shall 
enter  the  amount  of  each  load,  part  of  a  load,  or  article  weighed, 
and  the  name  of  each  person  for  whom,  and  the  date  when,  the 
same  was  weighed ;  and  when  the  vehicle  and  load,  or  part  of  a 
load,  or  article  shall  be  weighed  together,  the  city  weigher's  certi- 
ficate shall  state  the  gross  weight  thereof,  and  upon  the  delivery 
of  a  load,  part  of  a  load,  or  article,  the  vehicle  shall  again  be  weighed 
without  charge  by  the  city  weigher  who  weighed  the  original  load, 
part  of  a  load,  or  article,  and  thus  the  net  weight  of  the  load  shall 
be  ascertained. 

Certificate — Weight  of  vehicle. 

Section  9.  In  no  case  shall  any  city  weigher  state  in  his  said 
certificate  the  weight  of  any  vehicle  which  may  have  been  weighed 
with  any  load  until  said  weigher  shall  have  ascertained  the  weight 
of  such  vehicle  by  actually  weighing  the  same  on  his  said  scales. 

Penalty. 

Section  10.  Any  person  who  shall  occupy  the  office  of  city 
weigher  without  first  having  been  autliori/.ed  so  to  do.  as  is  liy  this 
chapter  proxidcd,  shall,  upon  com-iction  tlicicof,  We  (incil  in  a 
sum  not  less  th.-ui  twenty-five  (S25)  dollars,  nor  more  llian  one 
hundred  (Si 00)  dollars  for  each  and  every  offense. 


554  REVISED    ORDINANCES. 

False  certificate — Penalty. 

Section  11.  Any  city  weigher  who  shall  falsely  certify  to  the 
weight  of  any  load,  or  part  of  a  load,  or  other  article  whatsoever 
by  him  weighed,  or  who  shall  practice  any  deceit  in  weighing  shall, 
upon  conviction  thereof,  be  fined  in  a  sum  not  less  than  twenty-five 
($25)  dollars,  nor  more  than  one  hundred  ($100)  dollars  for  each 
and  every  offense. 

Altering  certificate — Penalty. 

Section  12.  It  shall  be  unlawful  for  anj^  person  to  alter  any 
certificate  of  any  city  weigher,  or  use,  or  attempt  to  use,  the  same  for 
any  other  load,  part  of  a  load,  or  other  article  than  the  one  for  which 
the  same  was  given,  nor  after  the  weighing  and  before  the  sale 
and  delivery  of  any  load,  part  of  a  load,  or  other  article,  diminish 
the  quantity  thereof,  under  a  penaltj"  of  not  less  than  twenty-five 
($25)  dollars,  nor  more  than  one  hundred  ($100)  dollars  for  each 
and  every  offense. 

Register  subject  to  inspection. 

Section  13.  The  register  required  to  be  kept  by  city  weighers 
under  the  provisions  of  section  eight  of  this  chapter,  shall  at  all 
times  be  open  to  the  inspection  of  any  persons  interested  in  weigh- 
ing being  done  by  any  city  weigher,  and  the  said  register  shall  as 
well  be  opened  at  all  times  to  the  inspection  of  anj^  officer  of  the 
city. 

Refusal  to  allow  inspection  of  register^Penalty. 

Section  1*1.  Any  city  weigher  who  shall  refuse  any  person 
or  any  officer  of  the  city  the  right  to  inspect  the  register  given 
them  under  the  next  preceding  section  shall,  upon  conviction  there- 
of, be  fined  in  a  sum  not  less  than  five  ($5)  dollars,  and  not  more 
than  twenty-five  ($25)  dollars  for  each  and  every  offense. 

Personating  weigher. 

Section  15.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  act  as,  or  hold  himself  out  to  be,  a  city  weigher  of  the 
■city  of  Omaha  without  having  been  duly  appointed  and  given  a 
bond  as  such  city  weigher.  Any  sign  on  the  scales  or  premises 
calling  them  "City  scales"  or  tending  to  lead  the  pubHc  to  think 
or  believe  that  they  are  duly  licensed  weighers,  shall  constitute  a 
violation  of  the  provisions  of  this  ordinance. 


KEVISED    ORDINANCES.  555 

Any  person  violation  the  provisions  of  this  section  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  fined  not  exceeding  twenty  (S20)  dollars. 


CHAPTER  C. 

WEIGHTS  AND  MEASURES. 
Office  created — Salary. 

Section  1.  That  there  is  hereby  created  the  ofhce  of  inspector 
of  weights  and  measures.  The  inspector  of  weights  and  measures 
shall  be  appointed  by  the  mayor  on  or  before  the  sixth  Tuesday 
after  the  general  city  election,  by  and  with  the  consent  of  the 
city  council.  Said  inspector  shall  hold  his  office  during  the  term 
of  the  mayor  appointing  him  and  until  his  successor  shall  have 
been  appointed  and  qualified.  He  shall  receive  a  salary  of  one 
thousand  ($1,000)  dollars  per  annum,  payable  monthly,  and  shall, 
before  entering  upon  the  duties  of  his  office,  execute  a  bond  to  the 
city  of  Omaha  in  the  sum  of  one  thousand  ($1,000)  dollars,  with 
two  or  more  sureties  or  a  surety  company  bond  to  be  approved 
by  the  mayor  and  city  council,  conditioned  as  required  by  the  act 
incorporating  metropolitan  cities;  and  that  he  will  promptly,  on 
or  before  the  first  Tuesday  of  each  and  every  month,  pay  over  to 
the  city  treasurer  all  fees  collected  by  him  as  such  inspector. 

Duties. 

Section  2.  It  shall  be  the  duty  of  said  inspector  to  inspect 
and  examine  at  least  once  in  each  and  every  year  all  weights, 
mea.sures,  scale  beams,  patent  balances,  steelyards  and  other  in- 
struments and  appliances  used  for  weighing  and  measuring  in  the 
city  of  Omaha  and  to  stamp  with  a  suitable  seal  all  weights  and 
measures  and  scales  used  which  he  may  find  correct,  and  deliver 
to  the  owner  thereof  a  certificate  of  their  accuracy,  which  cfniifi- 
cate  shall  be  posted  or  hung  in  some  conspicuous  place  in  or  upon 
the  place  of  business  of  the  owner. 

Register  weights. 

Section  3.  It  shall  be  the  duty  of  the  said  inspector  to  make 
and  keep  a  register  of  all  weights,  measures,  scale  beams,  patent 
balances,  steelyards  and  other  instruments  and  ap])liances  used 


556  REVISED    ORDINANCES. 

fur  weighing-  or  measuring  inspected  or  sealed  by  liini,  in  which 
shall  state  the  names  of  the  owners  of  the  same  and  whether  they 
are  or  were  conformable  to  the  standard  of  the  state,  and  showing 
the  fees  charged  and  paid  for  each  inspection. 

Report. 

Section  4.  It  shall  also  be  the  duty  of  the  inspector  of  weights 
and  measures,  on  or  before  the  tenth  day  of  each  and  every  month, 
to  make  and  file  wdth  the  city  council  a  full  and  complete  report  of 
his  examinations,  collections  and  work  done  as  such  inspector  for 
the  preceding  calendar  month,  together  with  a  receipt  from  the 
city  treasurer  for  all  moneys  collected  for  said  month  and  turned 
over  to  said  treasurer. 

Report  violations. 

Section  5.  It  shall  be  the  duty  of  said  inspector  of  weights 
and  measures  to  report  forthwith  to  the  city  prosecutor  the  names 
and  places  of  business  of  any  and  all  persons  violating  any  of  the 
provisions  of  this  chapter  and  of  all  persons  making  use  of  or  having 
in  their  possession  or  place  of  business  any  fraudulent  or  unsealed 
weights  or  measures,  guage  or  balances. 

Not  act  as  agent. 

Section  6.  It  shall  be  unlawful  for  the  said  inspector  to  act 
as  agent  for  or  sell  any  weights,  measures,  scale  beams,  patent 
balances,  steelyards  or  other  instruments  or  appliances  to  be  used 
for  weighing  or  measuring,  or  to  offer  or  expose  the  same  for  sale 
in  the  city  of  Omaha,  under  penalty  of  fifty  ($50)  dollars  for  every 
such  offense. 

Report  incorrect  scales. 

Section  7.  It  shall  be  the  duty  of  said  inspector  to  re])ort 
forthwith  to  the  city  council  the  names  of  all  persons  whose  weights, 
measures,  scale  beams,  patent  balances,  steelyards  or  other  instru- 
ments or  appliances  used  for  weighing  or  measuring,  shall  be  found 
to  be  incorrect  or  fraudulent. 

Inspect  scales. 

Section  8.  Said  inspector  shall  examine  and  inspect  and  seal 
all  weights,  measures,  scale  beams,  patent  balances,  steelyards 
and  other  instruments  or  appliances  used  for  weighing  or  measur- 


REVISKD    ORDINANCES.  557 

ing  at  the  stores  and  places  where  same  may  be  used;  but,  in  case 
they  or  any  of  them  shall  be  found  not  conformable  to  the  standard 
of  this  state,  the}^  shall  be  sent  b}^  the  owner  (if  not  taken  by  the 
inspector,  at  his  discretion)  at  the  owner's  expense,  to  the  office  of 
the  inspector  for  the  purpose  of  being  adjusted  (if  practicable  to 
do  so)  and  sealed,  within  twenty-four  hours  after  the  owner  shall 
be  notified  so  to  do  in  writing  by  the  inspector,  under  a  penalty  of 
ten  dollars  for  such  neglect.  Provided,  however,  that  the  inspector 
may  require  the  owner  to  have  such  scales  or  measures  repaired 
and  placed  in  proper  condition  to  be  inspected  and  sealed,  and  Pro- 
vided, further,  that  where  the  inspector  finds  weights  or  dry  or 
liquid  measures  made  for  the  purpose  of  giving  light  weight  or 
short  measure  the  possession  of  the  same  shall  be  deemed  a  mis- 
demeanor, and  the  party  having  the  same  shall  be  fined  in  the  sum 
of  not  more  than  one  hundred  ($100)  dollars,  and  such  weights  and 
measures  shall  be  confiscated  and  destroyed  by  the  inspector  in 
the  presence  of  at  least  two  members  of  the  standing  committees 
of  public  property  and  buildings  of  the  city  council. 

Annual  inspection. 

.Section  9.  It  shall  not  l)e  lawful  for  the  said  inspector  to 
make  charges  for  inspection  and  examining  weights,  measures, 
scale  beams,  patent  measures,  steelyards  or  other  instruments  or 
apphances  used  for  weighing  and  measuring  more  than  once  in 
each  year,  unless  they  shall  be  found  not  conforiiiablo  to  the  stand- 
ard. 

Fees. 

Section  10.  The  inspector  of  weights  and  measures  shall  be 
entitled  to  and  it  shall  be  his  duty  to  demand  and  receive  before 
the  dehvery  of  said  certificate  mentioned  in  section  2  of  this  chapter, 
the  following  fees : 

For  inspecting  and  seahng  railroad  track  scales  of  the  capacity 

of  twenty  tons  and  upwards,  each $;i . ')() 

For  inspecting  scales  of  from  three  to  twenty  tons  (•a|)acity 

each 1  -'>^> 

For  inspecting  and  sealing  dormant  scales,  each 1  .00 

For  inspecting  and  sealing  movable  i)latfonii  scales,  cacli .  .  .  ..")0 
For  inspecting   and   sealing   beams    weighing   one    tliousand 

pounds  and  upwards,  each 1  .00 

For  less  than  one  thousand  pounds,  each 75 


558  REVISED    ORDINANCES. 

For  inspecting  and  sealing  hopper  scales,  each $1 .50 

For  inspecting  and  sealing  every  patent  balance,  steelyard, 
or  other  instrument  for  weighing,  other  than  above  enum- 
erated, each 25 

And  with  each  scale  sealed  by  him  he  shall  inspect  and  seal 
set  of  weights  without  any  additional  charge  or  compensation. 

For  inspecting  and  sealing  each  single  weight  in  addition  to 

the  above $ .  05 

Provided,   that   the  charge  for  sealing  a  set  or  part  of  set  of 

weights  shall  not  exceed 25 

For  dry  measures,  for  inspecting  and  sealing  each  bushel  or 

half  bushel  measure 10 

For  measures  of  smaller  denomination,  each 05 

For  inspecting  and  sealing  liquid  measures,  each  three  gallon 

or  upwards 10 

For  inspecting  and  sealing  liquid  measures  of  the  capacity 
of  not  less  than  one  gallon  or  more  than  three  gallons, 
each 10 

For  inspecting  and  sealing  one-half  gallon  and  one  quart  li- 
quid measures,  each 05 

For  inspecting  and  sealing  liquid  measures  of  less  capacity 

than  one  quart,  each 05 

For  inspecting  and  sealing  any  board  or  cloth  measure .05 

And  in  every  case  where  he  may,  at  the  request  of  the  owner, 
employ  labor  or  material  in  making  any  such  scale,  weight  or 
measure  accurate  he  shall  be  entitled  to  a  just  compensation 
therefor. 

Vacancy;  office  property. 

Section  11.  Whenever  the  inspector  of  weights  and  meas- 
ures shall  resign,  be  removed  from  office  or  remove  from  the  city, 
it  shall  be  the  duty  of  the  person  so  resigning,  removed  from  office 
or  removing  from  the  city  to  deliver  to  the  city  comptroller  all 
the  standard  beams,  weights  and  measures,  books,  records,  and 
other  property  belonging  to  the  city,  to  be  by  said  comptroller 
cared  for  and  turned  over  only  upon  the  order  of  the  mayor  and 
city  council. 


REVISED  ordi:nances.  559 

standard  weights. 

Section  12.  The  city  comptroller  shall,  under  the  direction  of 
the  mayor  and  city  council,  and  at  the  expense  of  the  city,  procure, 
correct  and  approved  standard  weights  and  measures  of  the  stand- 
ard adopted  by  the  state  of  Nebraska,  with  their  necessary  sub- 
divisions, together  with  the  proper  beams  and  scales  for  the  pur- 
pose of  testing  and  proving  the  weights  and  measures  of  said  stand- 
ard used  in  this  city. 

Inspection. 

Section  13.  All  persons  using  weights,  measures,  scale  beams, 
patent  balances,  steelyards  or  any  other  instrument  or  device  in 
weighing  or  measuring  any  article  intended  to  be  purchased  or 
sold  in  the  city  of  Omaha,  shall  cause  the  same  to  be  inspected  and 
sealed  by  the  inspector  of  weights  and  measures  in  said  city  before 
the  same  shall  be  used  by  him  or  them,  and  at  least  once  in  each 
calendar   year   thereafter. 

Itinerant  peddlers. 

Section  14.  All  itinerant  peddlers  and  hawkers  using  scales, 
balances,  weights  or  measures,  shall  take  the  same  to  the  office  of 
the  inspector  of  weights  and  measures  before  using  the  same  and 
have  the  same  inspected,  adjusted  and  sealed,  and  annually  there- 
after, and  any  such  person  or  persons  failing  to  comply  with  the 
provisions  of  the  preceding  sections  of  this  chapter,  and  particularly 
of  this  section,  shall  each,  upon  conviction,  be  fined  not  more  than 
one  hundred  ($100)  dollars,  for  each  and  every  day  such  person  or 
persons  shall  use  the  same  without  having  same  inspected  and 
sealed  and  receiving  certificate  thereof. 

Fraudulent  measure. 

Section  15.  Any  person  who  shall  sell  or  offer  for  sale  any 
fruit,  vegetables,  berries  or  grain  of  any  description,  or  any  article 
of  dry  measure,  within  the  city  of  Omaha,  in  wine  measure,  or  in 
any  other  than  legal  dry  measure,  whether  of  pint,  (juart.  or  other 
contents,  or  who  shall  sell  for  a  cord  of  wood  less  than  one  hundred 
and  twenty-eight  (128)  cubic  feet  of  wood,  or  sell  foi-  a  ton  of  coal 
less  than  two  thousand  (2,000)  pounds  of  coal,  or  give  short  weigiit 
or  measure  in  the  sale  of  any  goods,  wares,  merchandise  or  other 
produce,  or  in  the  sale  of  coal,  or  any  employe,  or  driver  of  any 
coal  team,  or  delivery  waj^oii  or  otlicr  x-cliiclc,  who  shall  uixc  away 


530  REVISED    ORDINANCES. 

or  throw  off  from  any  load  of  coal,  or  other  goods  driven  by  him, 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  exceeding  one  hundred  ($100) 
dollars  for  each  offense. 

Possession  of  unlawful  measures. 

Section  16.  Any  person  who  shall  have  in  his  possession  or 
who  shall  in  weighing  or  measuring  any  article  for  purchase  or  sale 
within  the  city  of  Omaha  use  any  Aveight,  measure  or  other  instru- 
ment or  device  not  sealed  or  without  having  first  obtained  the 
aforesaid  certificate  from  the  inspector  as  required  by  section  two 
of  this  chapter  shall  be  fined  not  exceeding  one  hundred  ($100) 
dollars  for  each  offense. 

Fraudulent  scales. 

Section  17.  If  any  person  shall  have  in  his  possession  or 
shall  use  in  the  city  of  Omaha  in  weighing  or  measuring  as  afore- 
said any  weight,  measure,  scale  beam,  patent  balance,  steelyard  or 
other  instrument  or  device  which  shall  not  be  conformable  to  the 
standard  of  this  state,  or  shall  have  or  use  in  weighing  as  aforesaid 
any  scale  beam,  patent  balance,  steelyard  or  other  instrument  or 
device  which  shall  be  out  of  order  or  incorrect,  or  which  shall  not 
balance,  he  shall  be  fined  not  exceeding  one  hundred  ($100)  dollars 
for  each  offense. 

Refusal  of  inspection. 

Section  18.  Any  person  who  shall  refuse  to  exhibit  any  weights, 
measures,  scale  beams,  patent  balances,  steelyards  or  other  in- 
struments or  devices  to  said  inspector  for  the  purpose  of  being  so 
inspected  and  examined  shall  be  fined  not  exceeding  one  hundred 
($100)    dollars  for  each   offense. 

Interfering  with. 

Section  19.  Any  person  who  shall  in  any  way  or  manner 
obstruct,  hinder  or  molest  the  inspector  of  weights  and  measures  in 
the  performance  of  his  duties  as  hereby  imposed  upon  him  shall 
be  fined  not  exceeding  one  hundred  ($100)  dollars  for  each  offense. 

Spring  balance  scales. 

Section  20.  It  shall  l)e  unlawful  for  any  person  to  use  a 
spring  balance  scale  with  fare  attachment,  so-called,  in  weighing 


REVISED    ORDINANCES.  561 

any  article  for  purchase  or  sale  within  the  city  of  Omaha,  and  any 
person  whc  shall  violate  the  provisions  of  this  section  shall  for  each 
offense  be  fined  in  any  sum  not  exceeding  the  sum  of  one  hundred 
($100)  dollars. 

Peddlers — Me  asure . 

Section  21.  It  is  hereby  declared  unlawful  for  any  peddler, 
hawker,  huckster,  firm,  corporation  or  other  person  to  use,  authorize 
or  permit  to  be  used  in  any  stores,  market  or  other  place  of  business, 
or  upon  any  street  or  sidewalk  of  the  city  of  Omaha,  or  in  the  con- 
duct of  the  business  of  hawker,  huckster,  peddler  or  Hke  business, 
any  basket  or  measure  for  the  purpose  of  buying  or  selling  any 
article  or  thing  by  dry  measure,  unless  such  basket  or  measure 
shall  be  up  to  the  standard  and  shall  have  thereon  the  stamp  of 
the  city  weighmaster  of  the  city  of  Omaha,  and  the  use  of  any 
basket  or  measure  purporting,  appearing  or  represented  to  be  a 
2-ciuart,  4-quart,  peck,  half  bushel  or  bushel  measure  which  is 
not  up  to  the  standard  of  such  measure  and  which  has  not  thereon 
the  seal  of  the  said  weighmaster  is  hereby  declared  to  be  a  misde- 
meanor, it  being  the  intention  of  this  chapter  to  suppress  the 
practice  of  selling  by  dry  measure  in  measures  apparently  repre- 
senting the  standard  measures,  whereas  in  fact  such  measures 
only  approximately  represent  such  measures. 

Penalty. 

Section  22.  Any  person  violating  any  provision  of  the  last 
preceding  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  the  sum  of  not  less  than 
one  ($1)  dollar  nor  more  than  twenty  (S20)  dollars. 


562  REVISED    ORDINANCES. 


CHAPTER  CI. 

WITNESSES  BEFORE  COUNCIL: 
Witnesses  before  council. 

Section  1.  It  is  hereby  declared  unlawful  for  any  person  to- 
refuse  or  neglect  to  attend,  as  a  witness,  at  any  meeting  of  the  city 
council  or  any  committee  thereof  having  before  it  an}'  matter 
for  investigation,  said  person  having  had  due  notice  of  the  time  and 
place  said  council  or  committee  recjuires  his  or  her  attendance  as 
a  witness. 

Refusal  to  take  oath. 

Section  2.  It  is  hereby  declared  unlawful  for  any  person 
having  had  notice  of  any  such  meeting  and  being  in  attendance 
thereat  to  refuse  to  be  sworn  or  affirmed  by  the  presiding  officer 
of  the  city  council  or  the  chairman  of  any  such  committee,  or  for 
any  person  to  wilfully  and  contumaciously  refuse  to  testify  as.  a 
witness  or  to  answer  any  proper  or  legal  questions  propounded 
by  the  presiding  officer  of  the  said  council,  or  by  the  chairman  of 
any  such  committee,  or  as  directed  by  the  city  council  or  any  such 
committee  with  reference  to  the  said  matter  under  investigation 
and  being  in  accordance  with  the  established  rules  of  law  and 
procedure. 

Penalty. 

Section  3.  Any  person  who  shall  violate,  or  who  shall  fail,^ 
neglect  or  refuse  to  comply  with,  anj-  of  the  provisions  or  require- 
ments of  this  chapter,  or  who  shall  be  guilt}'  of  any  of  the  acts 
declared  unlawful  herein,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  upon  conviction  thereof,  shall  be  fined  for  each  offense  not 
exceeding  the  sum  of  one  hundred  ($100)  dollars,  or  less  than  ten 
(SIO)  dollars  or  imprisoned  not  to  exceed  ten  days,  or  may  be  both 
fined  and  imprisoned. 


REVISED     (^RDIXAXCES. 


CHAPTER  CI  I. 
REPEAL. 

Section  1.  All  ordinances  and  parts  of  ordinances  of  a  gen- 
eral nature,  passed  and  approved  prior  to  August  1st,  1905,  in  con- 
flict with  the  provisions  hereof,  or  herein  contained,  are  hereby  re- 
pealed; Provided,  however,  That  in  construing  this  provision  the 
following  ordinances  shall  not  be  considered  or  held  to  be  ordi- 
nances of  a  general  nature,  to-wit: 

1.  Ordinanes  relating  to  the  purchase  and  condemnation  or 
appropriation  of  property  for  public  use. 

2.  Ordinances  opening,  widening,  vacating,  or  narrowing 
streets,  alleys,  or  boulevards. 

3.  Ordinances  establishing  or  changing  grades  of  streets,  alleys 
or  boulevards. 

4.  Ordinances  locating  streets,  allcA^s  or  boulevards,  and  de- 
claring the  same  to  be  highways  and  open  for  public  travel. 

5.  Ordinances  naming  or  changing  the  names  of  streets, 
avenues,  or  boulevards. 

6.  Ordinances  authorizing  and  directing  public  improvements 
to  be  made. 

7.  Ordinances  creating  districts  for  public  improvements  of 
whatsoever  kind  or  nature. 

8.  Ordinances  levying  taxes. 

9.  Ordinances  levying  special  taxes  and  assessments. 

10.  Ordinances  granting  any  rights,  privileges,  or  franchise 
therein  mentioned  to  individuals,  firms,  or  corporations. 

11.  Ordinances  authorizing  the  issuance,  refunding  or  re- 
newal of  bonds  and  other  instruments  of  indebtedness. 

Provided,  further,  That  the  above  enumeration  of  exceptions 
shall  not  be  held  or  deemed  to  be  exclusive,  it  being  the  purpose 
and  intention  to  except  from  repeal  any  and  all  ordinances  not  of 
a  general  nature. 

Section  2.  This  ordinance  shall  take  effect  and  l)e  in  force 
from  and  after  its  passage. 

Passed  November  21,  1905. 

W.    II.    I']l1!()UHN, 

City  Clerk. 

(Seal)  11-  I'-  ZiMMAN. 

Pi-esident  City   Council. 

Approved  November  22  l'.)()5. 

I'u  \NK  Iv  .M()oi{i;s, 
.Mayor. 


INDEX 


TO 


CITY  CHARTER. 


Index  to  City  Charter. 


ACTING  MAYOR. 

Section  Page 

29                President  of  Council  shall  be,  when 17 

202               Process  served  upon,  when 89 

10                Rights  and  privileges  of 11 

29               Salary  of 17 

ADDITIONS. 

125               City  Engineer  furnish  plat  of  streets  and  alleys 57 

125  Streets  and  alleys  must  correspond  with  contiguous  streets 

and  alleys 5< 

ADVERTISEMENTS. 

101               Bids  on  supphes 43 

197               Bond  issue ^7 

106               For  material,  shall  specify 45 

104                In  official  paper 44 

144-XXI     In  streets,  may  be  regulated 68 

104                In  case  papers  refuse  to  pu-bUsh 44 

175                Notice  of  Board  of  EquaUzation 80 

108-11          Notice  to  property  owners  to  select  material 48 

104                Ordinances,  notices,  council  proceedings 44 

l(i                Ordinances  granting  or  extending  franchises 12 

104                Posted  on  bulletin  board 44 

104               Rate  for  must  not  exceed 44 

ADVISORY  BOARD. 

53               Abolished 29 

215               Prepare  abstract  of  books,  etc.,  in  possession  of 93 

53               Records  placed  with  Engineer --^ 

ALLEYS. 

S2 


r.) 


182  Cost  of  improving 

109  Grade  establislied,  how 

106  Improvements  must  be  made  by  contract l-^ 

122  Open,  extend  or  widen •'|'' 

140  Appropriate  property  for ♦••^ 


566  INDEX    TO    CITY    CHARTER. 

ANIMALS. 

Section  Page 

144-X.         Cruelty  to,  Mayor  and  Council  may  prevent. 67 

144-XI.       Dogs  may  be  licensed 67 

144-XVI.    Running  at  large  may  be  prohibited  and  regulated 67 

ANNEXATION. 

2               How  brought  about 9 

2               Of  territory  to  cities  or  villages 9 

ANNUAL. 

146               Levy,  when  made 72 

98               Report  of  departments 42 

100               Statements  of  departments,  when  published 43 

ANNUITY. 

16               Fixed  by  ordinance  granting  or  extending  franchise 12 

APPEALS. 

176               Appeal  from  determination  of  Board  of  Equalization 81 

213               Bond 92 

108-XI.       From  action  of  Council  relating  to  petitions  for  street  im- 
provements   52 

212  From  assessment  of  damages  for  property  appropriated.  ...  92 
209               From  disallowance  of  claims  by  Council  or  Water  Board.  . .  91 

213  Procedure  in  case  of 92 

212               Property  owners  have  right  of 92 

116               Report  of  appraisers 54 

212               Shall  not  delay  proceedings 92 

APPOINTIVE  OFFICERS. 

78               Appointed,  when 37 

26               Additional  maj-  be  appointed 15 

78               Confirmation • 37 

22                Extra  compensation  must  not  be  allowed 14 

77               Failure  of  Mayor  to  appoint 37 

83               New  offices  created  for,  how 38 

77               Term  of 37 


APPRAISERS. 


116  Appeal  from  report  of 54 

115  Ascertain  benefits  on  account  of  grading 54 

115  Ascertain  damages  on  account  of  grading 54 

142  Duties  on  account  of  appropriation  of  property 64 

115  Duties  on  account  of  change  of  grade 54 

142  Five  appointed,  when 64 


INDEX    TO    CITY    CHARTER. 


567 


APPROPRIATION. 

Section  Page 

150                No  money,  except  by  ordinance 74 

142                Of  property Qi 

158                Ordinance,  passed  when 7G 

36               Ordinance,  prepared  bj-  Comptroller 21 

140                Of  land  for  municipal  purposes C3 

ASSESSMENTS. 

187  Compromise 84 

172               County  treasurer  prepare  list  of  delinquent 79 

169               Delinquent  when 78 

180  Depth  to  which  property  shall  be  assessed 82 

175               Equalization  of SO 

57                For  parks  and  boulevards 30 

216                Heretofore  made,  not  affected 93 

185  May  be  relevied,  when 83 

165               Must  be  paid  in  cash 78 

142  Of  damages  for  appropriation  of  private  property  reported 

to  City  Council 64 

212  Of  damages  for  appropriation  of  private  property,  appeal 

from 92 

179                On  property  of  several  owners,  how  paid 82 

144-XII.      On  real  estate,  for  keeping  sidewalks  clean 07 

163                Shall  be  lien  on  real  estate 77 

43                Special,  City  Engineer  prepare  plans  for 24 

198                      "        constitute  a  sinking  fund,  when 88 

168  "        copj*  of  ordinance  levying  delivered  to  treasurer.  .  .  78 
175                      "       equalization  of. 80 

181  "        for  repair  of  pavements  may  be  levied .  82 

130  "       for  sewers,  may  be  levied 60 

123                      "       sprinkling  streets,  may  be  levied 56 

191                       "        invested  in  bonds  or  warrants,  when 85 

113                      "       grading 53 

119                      "       grading,  assessed  how 54 

186  "        may  be  corrected 83 

169  "       interest  on 78 

171                      "       how  collected ' 79 

170  "  .     how  levied 79 

183  "       may  be  levied,  when 83 

186                      "       may  be  relevied 83 

188  "        may  be  relevied 84 

184  "        may  include  cost  of  insi^ection 83 

177                      "       must  not  exceed  benefits 81 

184                       "        not  void,  when 83 

191                       "        held  by  treasurer  as  special  fund 85 

121               Sidewalk •  .55 

131  Sewer,  paid  before  permit  issued 60 

184                Validit\'  not  impaired  by 83 

216                Validity  not  impaired  by  this  act 93 


568  INDEX    TO    CITY    CHARTER. 

ATTORNEY. 

(See  City  Attorney.) 

ASSISTANT  CITY  ATTORNEY. 

Section  '  Page 

41                Act  as  City  Prosecutor 23 

41                Appointed  how 23 

18                Bond  of 13 

94                Contributions  to  prohibited 40 

41                Dii'ties  of 23 

22                Extra  compensation  proliibited 14 

18                Salary  and  bond 13 

84                Take  oath 38 

ASSISTANT  CITY  ENGINEER. 

45                Appointed  how 25 

18                Bond  of 13 

94                Contributions  to  prohil)ited 40 

45               Duties  of 25 

22                Extra  compensation  prohibited 14 

18                Salary 13 

84                Take  oath 38 

AUCTIONEERS. 

174                May  be  taxed  for  revenue 80 

AUCTIONS. 

144-XX.      May  be  regulated 68 

AWNINGS. 

144-XXI.    May  be  regulated 68 

AMUSEMENTS. 

144-XVIII.  On  streets,  may  be  regulated 67 

BALL. 

144-XVIII.  Playing  on  streets  may  be  regulated 67 

BANKS. 

190                City  funds  deposited  in , 84 

190                Must  give  bond 84 

190                Paid  up  capital  stock  recjuired 84 

BEGGARS. 

144-XXIII.  May  be  punislied 68 


INDEX    TO    CITY    CHARTEE.  569 

BENEFITS. 

Section  Page 

115                In  case  of  grading 54 

177               Special,  determined  how 81 

BICYCLES. 

144-XVIII.  Riding  of,  may  be  regulated 67 

BIDS. 

104                Advertisement  for,  posted  on  bulletin  board 44 

106               For  public  works,  received  and  opened 45 

BILLIARD  TABLES. 

173               May  be  licensed  and  regulated 79 

BIRDS. 

144-XIII.   Protection  of,  how  provided 67 

BIRTHS. 

144-XXX.  Registration  of,  may  be  required 69 

BOARD  OF  EDUCATION. 

35a             County  Treasurer,  ex-officio  treasurer  of 20 

144a             Council  levy  assessment  for 72 

190                Funds  of,  kept  separate 84 

190                Interest  on  funds,  reported  to 84 

8                Pay  judges  and  clerks  of  election,  when 10 

34               Treasurer  report  interest  on  moneys  to 18 

BOARD  OF  EQUALIZATION. 

176  Appeal  from  determination  of 81 

180               Ascertain  depth  to  assess 82 

38               City  Clerk  shall  attend •  22 

38               City  Clerk  publish  notice  of  sitting  of 22 

175               Complaints  to,  how  made 80 

175               Council  have  power  to  act  as,  when 80 

130               Determine  benefits  in  assessments  for  sewer  construction.  .  60 

177  Determine  benefits 81 

180               Determine  depth  to  assess. ' 82 

175               Hear  complaints 80 

175               Of  special  assessments,  sit  when 80 

175               Of  special  assessments,  notice  of 80 

BOARD  OF  PUBLIC  WORKS. 

53               Abolished -'-^ 

215               Prepare  abstract  of  books,  etc.,  in  possession  of    93 

53               Records  placed  with  City  Engineer 29 


570  INDEX    TO    CITY    CHARTER. 

BOILER  INSPECTOR. 

Section  Page 

48  Additional  duties,  how  provided 26 

78  Appointed,  when 37 

98  Annual  report,  made  when 42 

40  Attorney  advise 23 

IS  Bond 13 

94  Contributions  to  prohibited 40 

48  Duties  of 26 

22  Extra  compensation  prohibited 14 

48  Qualifications 26 

97  Records  open  to  inspection 42 

IS  Salary 13 

84  Take  oath 38 

BONDS. 

213  Appeal 92 

86  Approved  by  whom 39 

190  Banks  must  give  for  city  funds  deposited 84 

85  Conditions  of 38 

105  Contractors  must  give 45 

85  Cost  of,  how  paid 38 

108-XI.        In  case  of  appeal  from  action  of  Council  relating  to  petitions 

for  street  improvements 52 

92  In  case  of  complaint  against  city  officers 40 

88  Liabilities  of  sureties  on 39 

86  May  be  approved,  how 39 

87  Neglect  to  execute  bond 39 

144-VIII.    Officers  and  servants  of  city  must  give 66 

18  Official 13 

85  Payable  to  city 38 

71  Policemen  give 34 

88  Qualifications  of  sureties,  how  fixed 39 

85  Sureties  on ' 38 

BONDS,  MUNICIPAL. 

196  Bonded  indebtedness 87 

36  Comptroller  keep  record  of 21 

195  Construction  of  sewers,  etc 87 

194  Countersigned  and  registered  by 86 

198  District  Street  Improvement,  how  issued 88 

197  Electors  authorize  issue 87 

194  Express  purpose  of 86 

196  Excluded  from  limit  of  bonded  indebtedness 87 

199  Intersection,  how  issued 88 

195  Interest  coupons 87 

196  Limit  of  indebtedness  in  account  of 87 

142  May  be  issued  for  property  appropriated 64 

194  Moneys  from  sale  of 86 


INDEX    TO    CITY    CHARTER.  571 


BONDS,  MUNICIPAL— Continued. 
Section  Page 

194                Not  sold  for  less  than  par 86 

194                Not  issued  for  paying  salaries 86 

57                Park  bonds 30 

201                Parks,  may  be  issued 89 

194  Proceeds  from  sale  of  not  diverted 86 

195  Rate  of  interest 87 

200               Renewal,  legalized 89 

195               Renewal 87 

144-11.         Seal  used  in  execution  of 66 

197                Waterworks 87 

197                Yearly  issue  not  to  exceed 87 

BOULEVARDS. 

57                Mayor  and  Council  purchase  land  for 30 

140                Propert}'  may  be  appropriated  for 63 

54                Property  designated  for,  how 29 

BUILDING  INSPECTOR. 

48                Additional  duties  prescribed  by  ordinance 26 

98                Annual    report,  made  when 42 

40                Attornej-  advise 23 

18                Bond 13 

48                Chief  of  Inspectors 26 

48                Consult  Electrician,  when 26 

94                Contributions  to  prohibited 40 

48               Duties 26 

6               Elected  when 10 

22                Extra  compensation  prohibited 14 

48                Party  walls,  permits  for 26 

48                Permits  issued  by 26 

48                Qualifications 26 

48                Report  to  cit}^  council 2() 

80                Responsible  for  acts  of  deputy 37 

97                Records  of,  open  to  inspection 97 

18               Salary 13 

48                Submit  plans  to  Health  Commissioner 26 

84               Take  oath 38 

BUILDINGS. 

144-XXXII.  Erection  and  r«Muoval  of,  may  l)e  regulated 70 

144-XXXIII.  Of  stone,  brick,  wood,  etc.,  may  be  regulated 70 

BRIDGES. 

127               Construction  of •'>'^ 

127               Toll ^>^ 


572  INDEX    TO    CITY    CHARTER. 

BULLETIN  BOARD. 

Section  Page 

104                All  public  notices  posted  on 44 

104                Posting  on,  done  how ' ■  44 

104               Posting  on,  evidence  of 44 

CASH. 

165               Taxes  must  be  paid  in  cash 78 

CATTLE. 

144-XVI.    Running  at  large,  may  be  regulated 67 

CEMETERIES. 

144-XXX.  Additional  may  be  prohibited 69 

52                Regulation  of 28 

CERTIFICATE  OF  ELECTION. 

7               City  Clerk  shall  deliver,  when 10 

CHILDREN. 

144-X.         Cruelty  to  may  be  prohibited 67 

CHIEF  OF  FIRE  DEPARTMENT. 

98               Annual  report,  made  when 42 

61                Appointed,  how 32 

18               Bond 13 

18               Salary 13 

CHIEF  OF  POLICE, 

61               Appointed  how 32 

98               Annual  report,  made  when 42 

40                Attorney  advise 23 

18               Bond 13 

68               Chief  ministerial  officer 34 

67  Control  police  force ■ 34 

68  Duties  of 34 

68  Execute  writs  and  process  issued  by  Police  Judge 34 

69  In  case  of  riots,  subject  to  orders  of  Mayor 34 

68               May  take  bail,  when 34 

68               Powers  and  duties 34 

70  Powers,  same  as  Sheriff's 34 

97               Records  of,  open  to  inspection 42 

18  •             Salary 13 

67               Subject  to  orders  of  Fire  and  Police  Board 34 


INDEX    TO    CITY    CHARTER,  573 

CITY  ATTORNEY. 

Section  Page 

40               Additional  duties  prescribed  by  ordinance 23 

40  Advise  council,  committees  and  heads  of  departments 23 

98               Annual  report,  made  when 49 

41  Appoint  assistant 23 

18               Bond 13 

159                Bring  suit  against  officers,  when 76 

204                Confess  judgments 90 

94                Contributions  to  prohibited 40 

108- VII.      Copy  of  petition  for  street  improvement  filed  with 50 

108- VII.      Copy  of  supplemental  petition  filed  with 50 

40                Duties  of 23 

6                Elected  when 10 

108-VII.      Examine  and  certify  to  petitions 50 

22                Extra  compensation  prohibited 14 

40                Interested  in  suits,  when 23 

40                Make  report  to  Mayor  and  Council  when  requested 23 

204  May  intervene  in  suit 90 

97             .  Records  of  open  to  inspection 42 

40               Removal  from  office,  when 23 

80               Responsible  for  acts  of  deputies 37 

18               Salary' I3 

84               Take  oath 38 

205  Waive  summons 90 


CITY  CLERK. 

38  Additional  duties  provided  by  ordinance 22 

104  Advertise  for  city  printing,  wlieu 44 

101  Advertise  for  supplies 43 

106  Advertise  for  bids  for  special  improvements 45 

40  Attorney  advise 23 

18  Bond  of 13 

86  Bond  of,  how  approved 39 

108-XI.  Bonds  in  appeal,  appr  Dved  by 52 

12  Call  special  meetings 11 

7  Certificates  of  election  delivered  by 10 

13  Certify  to  Comptroller  members  absent  from  Council 11 

94  Contributions  to  prohibited 40 

38  Collect  license  fees 22 

108-VII,  Deliver  copies  of  petitions  to  Attorney  and  Engineer 50 

168  Deliver  copy  of  levy  ordinance  to  Treasurer 78 

39  Deputy  Clerk 22 

38  Duties  of 22 

6  Elected,  when 10 

22  Extra  compensation  prohibited 14 

108-III.  Furnish  blanks  for  verification  to  petitions 49 

108-IV.  Furnish  blanks  petition  designating  material I!) 


574  INDEX    TO    CITY    CHARTER. 

CITY  CLERK—Contiiiued. 

Section  Page 

168                Give  notice  to  property  owners  of  assessment 78 

38                Have  charge  of  records  of  Council  proceedings 22 

167                Issue  warrants  for  collection  of  taxes 78 

38                Issue  licenses 22 

215               List  of  tools  filed  with,  by  Mayor 93 

27               Mayor  notify  of  intended  absence 16 

213                Make  transcripts  in  appeals 92 

207                Notice  of  personal  injury  served  on,  when 90 

206                Notice  of  personal  injury  reported  to  Attorne}^ 90 

121                Notify  owners  to  construct  or  repairs  sidewalks 55 

84                Oaths  of  officers  filed  with 38 

56               Oaths  of  park  commissioners  filed  with 29 

59               Oaths  of  fire  and  police  commissioners  filed  with 31 

108- VI.        Petitions  filed  with,  not  withdrawn 50 

108-11.         Petitions  for  street  improvements  filed  with ,  48 

108-IX.        Petitions  supplemental  filed  with 51 

108- VIII.    Petitions  published  by,  when 50 

108-V.          Petitions  recorded  by 49 

104                Posting  on  Bulletin  Board  done  by 44 

202                Process  served  upon,  when 89 

108-\'III.    Protests  against  street  improvements  filed  with 50 

108-IX.        Protests  filed  with,  when 51 

108-IX.        Protests  against  supplemental  petition  filed  with 51 

175                Publish  notice  of  sitting  of  Board  of  Equalization 80 

108-V.          Record  time  of  filing  petitions  designating  material 49 

115                Report  of  appraisers  on  account  grading  filed  with 54 

38                Receive  official  communications 22 

80                Responsible  for  acts  of  deputy 37 

97  Records  of,  open  to  inspection.  . 42 

104                Record  posting  on  bulletin  board 44 

18                Salary  of 13 

12                Serve  notice  of  special  meeting 11 

84               Take  oath 38 

28               Transmit  documents  to  Mayor,  when 16 

CITY   ELECTRICIAN. 

51                Appointed  by  Mayor 28 

78               Appointed,  when 37 

98  Annual  report,  made  when 42 

40               Attorney  advise 23 

18                Bond  of 13 

48                Building  Inspector  consult,  when •.  .  . 26 

94               Contributions  to,  prohibited 40 

51               Duties  of 28 

22                Extra  compensation  prohibited 14 

65                Furnish  blank  reports  to  Chief  of  Police 33 

48                Notify  Building  Inspector  result  of  investigation 26 


INDEX    TO    CITY    CHARTER.  575 


CITY  ELECTRICIAN— Continued. 

Section  Pa^e 

51  Qualifications 28 

97  Records  of,  open  to  inspection 42 

18  Salary 13 

84  Take  oath 38 

CITY  ENGINEER. 

78  Appointed,  when 37 

46  Appoint  Inspectors  and  laborers 25 

98  Annual  report,  made  when 42 

45  Appoint  Assistant  Engineer 25 

40  Attorne}^  advise 23 

18  Bond  of 13 

108  Cause  water,  gas  and  sewer  connections  to  be  made 47 

46  Certify  pay  roll  of  employees  of  city 25 

94  Contributions  to,  prohibited 40 

46  Dismiss  inspectors 25 

43  Duties  of 24 

128  Duties  relating  to  constructing  A'iaducts .58 

46  Enforce  measures  for  protection  against  liabilit}^  on  account 

of  any  public  work 25 

22  Extra  compensation  prohibited 14 

106a  Fix  standard  for  material  for  paving,  curbing,  etc 46 

125  Furnish  plats  of  streets  and  alleys 57 

43  Have  charge  of  the  permit  department 24 

46  Have  general  supervision  of  public  works 25 

46  Investigate  complaints  relating  to  public  work 25 

44  Inspect  improvements  when  completed 24 

108-1.  Keep  plans  for  sewer  connections 48 

43  Keep  record  of  work  done  under  permits 24 

46  Keep  records  and  accounts  of  public  work 25 

46  Keep  record  of  employes  of  city 25 

47  Keep  record  of  cleaning  and  repairing  streets  and  sewers .  .  26 
47  Keep  record  of  condition  of  sewers,  streets  and  viaducts. .  .  26 

106  Keep  specifications  and  prices  of  material  on  liaud 15 

43  Make  estimates  of  public  works  under  contract 24 

47  Make  temporary  repairs,  when 26 

108  Make  water  connections,  wlien 17 

108- VII.  Make  plat  of  street  improvement  districts 50 

44  May  accept  public  work  done  in  sections 24 

47  May  cause  temporary  suspension  of  use  of  water,  gas,  sewer 

or  other  service 26 

47  May  cause  temporary  removal  or  discontinuance  of  railway 

tracks,  street  cars,  or  other  travel 26 

108-V.  Petitions,  copies  of,  filed  with I'.) 

108-VII.  Petitions  examined  and  certified  by  .  .  ")() 

108- VII.  Petitions,  supplemental,  copies  filed  with 50 

108-1.  Plans  for  sewer  connections  kept  by IS 


576  INDEX    TO    CITY    CHARTER. 


CITY  ENGINEER— Coutiiiued. 
Section  Page 

43  Prepare  plans  for  sewer  connections 24 

43  Prepare  plats  and  assessments  for  special  taxes 24 

47  Prepare  plans  for  all  public  work 26 

110  Prepare  plat  and  specifications  for  grade 53 

43  Preserve  all  records  of  his  department 24 

43  Provide  instructions  for  laborers 24 

43  Qualifications  of 24 

53  Records  of   Board   of   Public   Works  and   Advisor}^   Board 

filed  with 29 

97  Records  of,  open  to  inspection 42 

44  Report  acceptance  or  rejection  of  public  work 24 

47  Receive  and  investigate  complaints  of  sewer  stoppage 26 

IS  Salary  of • 13 

46  Supervise  all  public  work 25 

47  Supervise  street  sweeping  and  repairs 26 

47  Supervise  sewer  work 26 

47  Supervise  water,  gas  and  conduit  trenches 26 

84  Take  oath 38 

CITY  OFFICIALS. 

98  Annual  report  of,  made  when 42 

78  Appointed  by  Mayor,  when 37 

77  Appointed  by  Council,  when 37 

80  Appoint  deputies 37 

80  Appoint  employees 37 

40  Attorney  shall  advise 23 

18  Bonds  of 33 

85  Bonds  of,  conditions  of,  cost  of 38 

86  Bonds  of,  approved  how 39 

86  Bonds  of,  filed  with  City  Clerk,  when 39 

18  Compensation  of 13 

22  Compensation  of,  extra  prohibited 14 

81  Duties  defined  by  ordinance,  when 38 

6  Elected,  when 10 

5  Election  of,  how  provided "•  •  •  10 

23  Guilty  of  misdemeanor,  when 15 

82  Must  be  qualified  voters 38 

144-VIII.    Must  give  bond 66 

144-VIII.    Must  not  be  security  on  bonds  executed  to  city 66 

6  Must  have  plurality  of  votes    10 

94  Must  not  solicit  support  of  corporations 40 

96  Must  not  sell  influence 42 

95  Must  not  accept  free  service  of  corporations 41 

95  Must  not  solicit  or  receive  from  contractors 41 

77  Neglect  of  Maj^or  to  appoint 37 

87  Neglect  or  refusal  to  give  bond 39 

7  Qualifications  of 10 


INDEX    TO    CITY    CHARTER.  577 


CITY  OFFICIALS— Continued. 
Section  Page 

97  Records  of,  open  to  inspection 42 

90  Removal  causes  for 40 

89  Removed  how 39 

91  Removed  by  District  Court,  when 40 

93  Removed  by  District  Court,  how 40 

92  Removal,  complaints  filed  for 40 

97  Reports  may  be  required,  when 42 

80  Responsible  for  service  of  deputies 37 

18  Salaries 13 

84  Take  oath 38 

6  Terms  of,  commence  when 10 

77  Terms  of  appointive  officers 37 

214  Turn  over  records,  etc.,  to  successor 92 

89  Vacancies  in  office  filled  by  Mayor  and  Council 39 

19  Witness  fees,  officials  cannot  collect  from  city 14 

CITY  PHYSICIAN. 

98  Annual  report,  made  when 42 

78  Appointed,  when 37 

49  Attend  cases  at  City  Jail -'^ 

40  Attorney  advise -^ 

94 
49 
49 
49 


Contributions  to,  prohibited 40 

Direct  and  control  sanitary  inspectors 27 

Duties  of 

Enforce  laws  relating  to  health 27 

208  Examine  personal  injury  cases 91 

49 

22 

49 

65  . 


Execute  orders  of  City  Council 27 

Extra  compensation  prohibited 14 

Enter  and  inspect  premises 27 

Furnish  blanks  to  Chief  for  report  of  policemen 33 

97 

49  Qualifications  of 

97  Records  of,  open  to  inspection * 42 

49               Report  to  City  Council,  when 27 

49  Supervise  sanitary  affairs 

84               Take  oath '^^ 

(See  Health  Commissioner.) 

CITY   PROSECUTOR. 

1"' 

98  Annual  report _  ;; 

78               Appointed,  when ^' 

42               Assistant  City  Attorney  act  as,  when 23 

42  Attend  Police  Court 

40               Attorney  advise -] 

18               Bond  of ••; 'j^ 

94               Contributions  to,  proliibited • ^ 

42  Duties  of 


578 


INDEX    TO    CITY    CHARTER. 


CITY  PROSECUTOR— Continued. 

Section  Page 

22                Extra  compensation  prohibited 14 

42               Enforce  ordinances 23 

18                Salary  of 13 

84               Take  oath 38 

CITY  TREASURER. 

(See  Treasurer.) 

CLAIMS. 

212  Appeal  from  allowance,  when 92 

193                Assignment  of •  •  •  •  ^^ 

210  Comptroller  notify  claimant  of  disallowance  of 91 

213  Disallowance  appealed  from,  when 92 

211  Disallowed,  how  collected 91 

211                Disallowed  by  previous  administrations 91 

22                Extra  compensation  prohibited 14 

209                Filed  with  City  Comptroller 91 

144-1.           Ma.yor  and  Council  provide  for  payment  of 66 

209                Sworn  to  and  filed  with  Comptroller 91 

COCK   FIGHTING. 

144-XXIV    May  be  prohibited 68 

COMMISSIONER  OF   HEALTH. 

(See  City  Physician.) 


136 


209 

100 

37 

33 

36 

40 

18 
194 
149 

36 
209 
210 

94 


COMPANIES. 

Definition  of 61 

COMPTROLLER. 

Administer  oaths 91 

Annual  report,  made  when 43 

Appoint  deputy -^ 22 

Audit  accounts  of  officers 18 

Audit  books  of  County    Treasurer  as  ex-officio    City  Trea- 
surer    21 

Attorney  advise 23 

Bond  of 13 

Bonds  registered  and  countersigned  by 86 

Certify  funds  available 73 

Check  annual  report  of  treasurer 21 

Claims  filed  with 91 

Claims,  disallowed,  notify  claimant  of 91 

Contributions  to,  prohibited 40 


INDEX    TO    CITY    CHARTEK.  579 

COMPTROLLER— Continued. 

Section  Page 

193  Deduct  amounts  from  warrants 86 

192  Draw  and  sign  all  warrants 86 

31  Duplicate  receipts  filed  with 17 

36  Duties  of 21 

210  Duties  of,  relating  to  claims  disallowed 91 

6  Elected  w^hen 10 

36  Examine  reports  of  treasurer 21 

22  Extra  compensation  prohibited 14 

36  General  accountant  and  fiscal  agent  of  cit}' 21 

36  Keep  debit  and  credit  account  with  treasurer 21 

36  Keep  complete  set  of  books 21 

36  Keep  record  of  bonds  and  cash 21 

36  Keep  record  of  bonds  cancelled 21 

36  Keep  separate  account  of  funds 21 

149  Keep  account  with  each  fund 73 

24  List  of  laborers  filed  with 15 

159  Liability  for  issuing  warrants,  excessive 76 

149  Notice  to  Mayor  and  Council  of  funds  available 73 

36  Officers  report  to  monthh' 21 

36  Prepare  appropriation  ordinances 21 

194  Prepare  bonds 80 

100  Publish  annual  statement  of  finances 43 

36  Qualifications  of 21 

97  Records  of,  open  to  inspection 42 

194  Report  to  treasurer  moneys  received  from  sale  of  bonds  .    .    .  86 

80  Responsible  for  acts  of  deputy 37 

18  Salary  of 13 

31  Treasurer's  accounts  open  to  inspection  of 17 

36  Treasurer  reports  to,  funds  received 21 

34  Treasurer  reports  interest  to 18 

151  Transfer  funds  to  sinking  fund 74 

84  Take  oath 3S 

192  Warrants  signed  and  issued  by 86 

CONDUITS. 

195  Bonds  for  construction  of 87 

108  Mayor  and  Council  may  provide 47 

141  Mavor  and  Council    control    construction  andjnaintenance 

■  of 0-1 

CONTRACTS. 

47  Approved  by  Mayor  and  Council 26 

143  City  has  power  to  make <'■"> 

47  For  public  work,  made  how  ....  '-'> 

105  For  City  work,  give  bond I"' 

150  Involving  expenditure  of  money  .  '  ' 


580  INDPJX    TO    CITY    CHARTER. 

CONTRACTS— Cohtinued. 
Section  Page 

28                  Mayor  may  veto 16 

103  Mayor  and  Council     contract    for  water,  gas  and  electric 

light 44 

28                  Presented  to  Mayor,  when 16 

105  Street  improvements  made  by 45 

106  Street  improvements  made  by  . 45 

123                  Street  sprinkling 56 

44                  Work  under,  accepted  how 24 

47  Work  under,  accepted  when 26 

44                  Work  under,  examined  by  Engineer 24 

CORPORATION. 

95                  Franchised,  forfeit  franchise,  when 41 

212                  Liable  for  costs,  when 92 

202                 Name 89 

144-11.           Seal 66 

COSTS. 

212                  City  liable  for  costs,  when 92 

COUNCIL. 

190                  Advertise  for  bids  for  deposit  of  city  funds 84 

78                  Appointment  of  officers  submitted  to,  when 37 

142                  Appointment  of  freeholders  approved  by 64 

190                  Approve  bonds  for  deposit  of  funds 84 

86                  Approve  bonds  of  Mayor  and  other  elective  officers 39 

119                  Assess     damages   on   account   of  grading     and   appropria- 
tion of  private  propertj- 54 

142                  Assessment     of    damages    for    property     appropriated    re- 
ported to 64 

175                  Board  of  Equalization,  power  as 80 

175                  Board  of  Equalization  of  special  tax 80 

48  Building  Inspector  report  to,  when 26 

145                  Certify  general  tax  to  County  Treasurer 72 

160                  Certify  general  tax  to  County  Treasurer 77 

40                  City  Attorney  advise 23 

38                 Clerk-of 22 

38                  Clerk  receive  communications  to 22 

7                  Canvass  election  returns,  when 10 

9                  Consist  of 11 

14                  Compel  attendance  of  witnesses 12 

11                  Compel  attendance  of  absent  members 11 

14                  Compel  giving  of  testimony 12 

36                  Comptroller  report  to,  funds  in  treasury 21 

78                  Confirm  appointments  of  Maj'or 37 


INDEX    TO    CITY    CHARTER.  581 


COUNCIL— Continued. 
Section  Page 

204  Confess  judgment 90 

185  Correct  error  in  assessment 83 

104  Designate  official  paper,  when 44 

146  Designate  funds 72 

108-XI.  Determination  as  to  petitions,  final  and  binding 52 

130  Determine  benefits  on  account  of  improvements 60 

108-VIII.  Direct  City  Clerk  to  publish  petitions 50 

lOS-XI.  Find  petitions  legal  and  sufficient,  how 52 

108-IX.  Hear  protests  against  petitions 51 

108-X.  Hear  and  determine  protests  against  petitions 51 

49  Health  Commissioner  report  to,  when 27 

190  Interest  on  money  reported  to 84 

144a  Levy  assessment  for  Board  of  Education 72 

150  Liability  on  account  of  expenditures 74 

135  May  designate  material  for  paving,  when 61 

136  May  require  street  railway  to  pave,  when 61 

82  May  appoint  officers,  when 38 

27  Mayor  communicate  to 16 

190  May  remove  treasurer,  when 84 

106  May  reject  bids 45 

11  Meetings  of,  when 11 

206  Notice  of  personal  injury  reported  to 90 

108-X.  Notice  of  special  meeting  published,  when 51 

108-X.  Notify  protestants  of  meeting 51 

100  Order  payment  of  cost  of  printing    annual    statement  by 

Comptroller 43 

10  Organize,  when 11 

27  Officials  report  to 16 

150  Provide  payment  of  liabilities,  when 74 

16  Prescribe  rules  for  passage  of  ordinances 12 

10  President  elected,  when 11 

14  President  of,  administer  oaths 12 

104  Proceedings  posted,  when 44 

26  Powers  relative  to  officers 15 

28  Procedure  in  case  of  veto 16 

11  Quorum 11 

38  Record  of  proceedings  kept  by  clerk 22 

97  Records  of,  open  to  inspection 12 

79  Refusal  to  confirm  appointments  of  Mayor 37 

34  Remove  treasurer,  when 18 

12  Special  meetings,  how  called 11 

108-X.  Special  meetings,  to  hear  protests  against  petitions 51 

146  Set  aside  funds 72 

10  Temporary  president,  elected  wlien 11 

31  Treasurer's  accounts  open  to 17 

32  Treasurer  report  to,  monthly 17 

34  Treasurer  report  interests  to 18 


582  INDEX    TO    CITY    CHARTER. 

COUNCIL— Continued. 
Section  Page 

158  Vote  on  contracts  recorded 76 

15  Vote  on  ordinances  recorded 12 

COUNCILMEN. 

13  Attendance 11 

40  Attorney  advise 23 

18  Bonds  of 13 

86  Bonds  of,  liow  approved 39 

9  Chosen  how 11 

94  Contributions  to,  prohibited 40 

6             -    Elected  when.  , 10 

22  Extra  compensation  prohibited 14 

23  Guilty  of  misdemeanor 15 

4  In  new  ward 10 

159  Liability  for  voting  for  excessive  expenditures 76 

155  Liability  for  voting  to  divert  funds 75 

150  May  be  removed  from  ofhee 74 

91  May  be  removed  by  District  Court 40 

90  Malfeasance  and  misfeasance  of  office,  of 40 

9  One  from  each  ward 11 

9  Resident  of  ward 11 

13  Report  on  matters  referred,  when 11 

90  Removed  by  District  Court,  when 40 

18  Salary  of 13 

93  Suspended,  when 40 

84  Take  oath " 38 

89  Vacancy  in  office,  how  filled 39 

COUNTY   BOARD. 

160  Fix  rate  of  levy 77 

COUNTY  TREASURER. 

35  Bond 19 

35a  Bond  to  School  Board 20 

36  Comptroller  audit  books  of 21 

35  Collect  taxes  and  assessments 19 

35  Duties  of 19 

35  Ex-ofTicio  City  Treasurer 19 

35a             Ex-officio  treasurer  of  Board  of  Education 20 

190  Liable  for  funds 84 

35                Powers  of,  same  as  City  Treasurer 19 

172                Prepare  list  of  delinquent  taxes 79 

35                Qualifications.  . 19 

172                Refusal  to  collect 79 

35               Salarv 19 


INDEX    TO    CITY    CHARTER.  583 

COUNTY  TREASURER— Continued. 
Section  Pao'e 

35                Sureties 19 

157               Tax,  consolidated 7g 

35               Term  begins 19 

193                Warrants  drawn  on 86 

CURATIVE   ACT. 

216               Acts  and  proceedings  legalized 93 

DAMAGES.  . 

142               Amount  of,  deposited  with  Treasurer 64 

212               Appeal  from  award  of - 92 

119               Assessed  by  Council 54 

142                Freeholders  appointed  to  assess 64 

117  Grading,  become  due,  when .54 

118  Grading  petition  contain  waiver  of ,54 

206  Liability  of  city 90 

207  Notice  of,  must  be  given 90 

115                On  account  of  grading,  how  assessed 54 

121                On  account  of  defective  sidewalks 55 

136                Railway  Company  liable  for,  when 61 

DAY  LABORERS. 

46               City  Engineer  keep  record  of  service  of 25 

46               Compensation  fixed  by  Mayor  and  Council 25 

24                Pay  roll  each  week 1 5 

DEATHS. 

144-XXX.   Record  of,  may  be  provided 69 

DEPOTS. 

14_4-XXXIV.   Mayor  and  Council  may  regulate 71 

DESECRATION. 

144-XXIV.  Of  the  Sabbath,  may  be  prf)liibited 68 

DOGS. 

144-XXIV.   Fighting  may  be  prohibited OS 

144-XI.        Running  at  large,  may  be  regulated 67 

144-XI.       Licensed 67 

DISORDERLY. 

144-XXlI.   Conduct  may  Ik;  ijroliibited (iS 

144-XXIV.  Houses  maj'  1)0  suppressed 6K 

144-XXIII.   Persons  may  be  punished 68 


584  INDEX   TO    CITY    CHARTER. 


DISTURBERS. 

Section  Page 

144-XXII.   Of  peace  may  be  punished 68 

DRUNKENNESS. 

144-XXII.   May  be  punislied 68 

90               Officers  removed  for 40 

ELECTIONS. 

7                Conducted  how 10 

5  Conducted  how,  Mayor  and  Council  may  provide 10 

7  Certificates  of,  when  given 10 

4               District,  how  made 10 

16               Franchise  proposition,  submitted  at 12 

8  Judges  and  Clerks  of,  how  paid 10 

6  Officers  elected  at 10 

7  Polls  open,  when 10 

142                Proposition  to  appropriate  property,  submitted  when 64 

197                Proposition  to  issue  bonds,  submitted  at 87 

7                Returns  canvassed,  when 10 

6  Time  of 10 

3               Wards,  basis  of 9 

ELECTORS. 

7  Qualifications  of 10 

ELECTRIC   LIGHTS. 

51j              City  Electrician  inspect 28 

103               Contract  for 44 

134               How  regulated 61 

140  Plants,  property  may  be  appropriated  for 63 

141  Plants,  Mayor  and  Council  may  purchase 64 

EMERGENCY  CLAUSE. 

220               Clause 94 

EMPLOYES. 

82                Of  city,  must  be  qualified  voters 38 

ENGINEER. 

(See  City  Engineer.) 

ENTERTAINMENTS. 

174                Exempt  from  taxation,  when 80 


INDEX    TO    CITY    CHARTER.  585 

ESTIMATES. 

Section  Page 

43               City  Engineer  make. .'. 24 

EXCAVATIONS. 

124               Mayor  and  Council  control 57 

EXPLOSIVES. 

144-XIX.    How  regulated 68 

FAST  DRIVING. 

144-XXVI.   May  be  prohibited 69 

FEES. 

213               For  transcript  of  disallowed  claims 92 

FINANCES. 

189               Mayor  and  Council  have  control 84 

100               Statement  of,  when  published 43 

FINES. 

73               Credited  to  police  relief  fund 35 

13               Imposed  on  Councilmen  for  neglect  to  report 11 

73  Imposed  on  policemen 35 

33                Must  be  paid  to  Treasurer,  when 18 

FIRE   DEPARTMENT, 

75               Board  of  Directors,  organize 36 

61  Chief  and  members,  how  appointed 32 

62  Charges  filed  against  members  of 32 

63  Discipline  of 33 

61  Must  be  electors  of  the  city 32 

72               Relief  fund 35 

74  Relief  fund,  elect  Board  of  Directors  for 35 

62  Removal 32 

19               Salaries  of 14 

FIRE  AND  POLICE   COMMISSIONERS. 

62               Additional  duties  prescribed  by  ordinance 32 

62               Administer  oaths 32 

98               Annual  report,  made  when 42 

58                Appointed,  how 30 

58               Appointed,  when 30 

61               Appoint  Chief  of  Fire  Department  and  fireman 32 

61                Appoint  Chief  of  Police  and  poiicomeii 32 


586  INDEX    TO    CITY    CHARTER. 


FIRE  AND  POLICE  COMMISSIONERS— Continued. 

Section  Page 

61  Appoint  matrons 32 

58  Constituted,  how 30 

67               Chief  of  Police  subject  to  orders  of 34 

72  Create  police  relief  fund 35 

60               Charges  against,  filed  with  Governor 31 

66                Control  fire  and  police  funds 34 

63               Discipline  Fire  and  Police  Departments 33 

62  Duties  and  powers  of 32 

62                Hear  charges  against  firemen  and  policemen 32 

73  Invest  relief  fund 35 

62                Power  to  enforce  attendance  of  witnesses 32 

59  Qualifications  of 31 

59  Quorum 31 

60  Removed,  how 31 

20               Salaries  of 14 

59               Take  oath 31 

73               Trustees  of  relief  fund ' 35 

58                Vacancies,  how  filled 30 

FIRE   ESCAPES. 

144-XXXIII.   Construction  of,  prescribed  and  regulated 70 

FIRE   LIMITS. 

144-XXXII.  How  created 70 

FRANCHISES. 

16                Annuity  provided  for 12 

16                Extending  old  and  granting  new 12 

95                Forfeiture  of,  when 41 

16                Ordinance  granting,  published  when 12 

104                Ordinance  granting,  posted  on  bulletin  board 44 

148  Receipts  from,  added  to 73 

16               Vote  of  electors  on 12 

FUNDS. 

146  Amount,  maximum,  levied 72 

107               Available  for  intersections 46 

190                Collected  by  County  Treasurer,  payable  to  City  Treasurer,  84 

149  Comptroller  open  account  with  each 73 

190                Deposited  in  banks,  when 84 

66               Fire  and  police,  controlled  by  Fire  and  Police  Board 34 

72               Firemen's  relief 35 

147  General,  division  of 73 

34               Interest  on,  credited  to  sinking  fund 18 

155                Must  not  be  diverted 75 


INDEX    TO    CITY    CHARTER.  587 


FUNDS— Continued. 
Section  Page 

72  Police  relief,  how  created 3.5 

73  Police  relief,  how  invested 35 

155                Penalty  for  transferring 75 

191                Special,  kept  separate 85 

191                Special,  may  be  invested  in  bonds 85 

205                Special,  judgments  paid  from,  when 90 

191                Special,  shall  not  be  diverted 85 

151                Unexpended  balance  of 74 

GARBAGE. 

144-XXVIII.   Provision  for  disposal  of 69 

144-XXVIII.   Contract  for. 69 

GENERAL   FUND. 

147                Division  of 73 

146                Maximum  amount  of 72 

GAS. 

108  Companies  make  proper  connections 47 

103                Contract  for 44 

134                Price,  use  of,  and  inspection,  may  be  regulated 61 

140  Works,  land  may  be  appropriated  for 63 

141  Works,  Mayor  and  Council  may  purchase 64 

GAMBLING. 

144-XXiy.   Houses,  may  be  suppressed 68 

144-XXIII.   Persons,  may  be  punished 68 

GOVERNOR. 

58                Appoint  Fire  and  Police  Commissioners 30 

60                Investigate  charges  against  Fire  and  Police  Board 31 

60               May  remove  Fire  and  Police  Commissioners 31 

1               Proclaim  cities  of  metropolitan  class 9 

GRADING. 

113  Assess  one-half  cost  of,  when 53 

114  Assess  whole  cost  of,  when 54 

182               Cost  of S2 

119                Damages  on  account  of,  assessed  how 54 

117                Damages  on  account  of,  l)ccome  due  wlien 54 

105               Done  by  contract '5 

110                Duties  of  Mayor  and  Council  relating  to 53 

109  Mayor  and  Council  may  establish  grade 52 


588  INDEX    TO    CITY    CHARTER. 

GRADING— Continued. 
Section  Page 

110                Mayor  and  Council  declare  necessity  of  grading 53 

115               Mayor  and  Council  appoint  appraisers  to  appraise  damages,  5-4 

112                Mayor  and  Council  may  order  change  of  grade    53 

110  Notice  of  change  of  grade 53 

118                Petitions  for,  contain  waiver  of  damages 54 

112                Property  owners'  consent  to  change,  when 53 

111  Protests  against  change  of 53 

(See  Street  Improvements.) 

GUARANTEE  COMPANIES. 

105                May  be  surety  on  bonds  of  contractors 45 

GUNPOWDER. 

144-XIX.    Keeping  of,  maj-  be  regulated 68 

HEALTH   COMMISSIONER. 

98               Annual  report,  made  when 42 

78               Appointed,  when 37 

40               Attorney  advise 23 

18               Bond  of 13 

49               Duties,  generallj- 27 

65               Duties  relating  to  Police  Department 33 

65                Furnish  blanks  to  Chief  of  Police 33 

48  Plans  for  buildings  submitted  to 26 

49  Qualifications 27 

18               Salary  of 13 

84               Take  oath 38 

(See  City  Ph^'sician.) 

HOOPS. 

144-XVin.   Rolling  of,  maj-  be  regulated 67 

HORSES. 

144-XXVI.  Racing,  may  be  prohibited 69 

144-XVI.    Running  at  large,  may  be  regulated 67 

HOSPITALS. 

144-XXVIII.   May  be  established  and  regulated 69 

52                Regulation  of 28 

HOUSES. 

144-XIV.     Numbered  and  renumbered 67 

144-XXIV.   Of  prostitution  may  be  suppressed 68 


Section 


INDEX    TO    CITY    CHARTER.  589 

IMPROVEMENTS. 

(See  Street  Improvements.) 

INCOMPETENCY. 

Page 

89                Officers  may  be  removed  for 39 

INDEBTEDNESS. 

196                Bonded  indebtedness 87 

195                Bonds  to  take  up,  how  issued 87 

159               Warrants  for,  must  not  exceed  90  per  cent  of  levy 76 

INJURIES. 

208                Personal,  claimant  subject  to  examination 91 

206  Notice  of  to  Clerk 90 

207  Liability  of  city  for 90 

INSPECTORS. 

48                Building,  Boiler,  Plumbing 26 

144-XXXI.   Ma3^or  and  Council  may  appoint 70 

155                Of  Public  Works,  how  paid 75 

46                Of  Public  Works,  how  appointed  and  dismissed 25 

INSURANCE   AGENTS. 

174                May  be  licensed 80 

INTEREST. 

34                On  city  funds,  credited  to  sinking  fund IS 

161               On  delinquest  taxes,  rate  of,  collected  when 77 

152               On  funds  in  bank,  credited  to  sinking  fund 74 

32               On  registered  warrants,  cease  when 17 

190               On  water  fund 84 

INTERSECTIONS. 

199               Bonds 88 

182               Cost  of  grading  and  filling,  paid  how  .  .  82 

107                Funds  on  hand  when  ordered  paved.  .  16 

(See  Street  Improvements.) 

JAILS. 

144-XXVIII.    Mayor  and  Council  may  establish 69 

JUDGMENT. 

205                Against  city,  how  paid 90 

147                Fund,  maximum  amount  of.  73 

205                Paid  from  special  fund,  wlien.  .  '.lO 


390  INDEX    TO    CITY    CHARTER. 


JURISDICTION. 

Section  Page 

25                Of  Mayor 15 

KITES. 

144-XVIII.   Flying  of,  may  be  prohibited 67 

LABORERS. 

(See  Day  Laborers  and  City  Engineer.) 

LAND. 

140                May  be  appropriated  for  municipal  purposes 63 

178                Meaning  defined 81 

LAWS. 

189               Mayor  and  Council  may  make,  amend  or  repeal 84 

27               Mayor  shall  enforce 16 

LIBRARY. 

146                  Fund,  maximum  amount  of 72 

144-XXVII.   Mayor  and  Council  may  establish 69 

LICENSE. 

144-XX.        Auction  sales 68 

127                 Bridges ■ 58 

38                  Clerk  issue 22 

38                  Clerk  collect  license  fee 22 

144-XI.         Dogs  at  large 67 

173                  For  shows,  circuses,  etc 79 

174.                 On  peddlars,  liquor  dealers,  etc 80 

144-XXIV.  To  regulate  and  prohibit  gambling 68 

LIGHTING. 

148                 Credits  to 73 

146                  Fund,  maximum  amount  of 72 

144-XXX7I.   Of  railroad  tracks  may  be  compelled 71 

134                  Of  streets,  how  provided 61 

LIMITS. 

2                  Corporate 9 

2                 How  fixed 9 

126                 How  changed 57 

LOT. 

178                  Meaning  defined 81 

125                  Sale  of  may  be  prohibited 57 


INDEX    TO    CITY    CHARTER,  591 


MALFEASANCE. 

Section  Page 

150  Council,  Mayor  and  Treasurer  guilty  of,  when 74 

90  City  officials  may  be  removed  for 40 

89  Officers  removed  for,  how 39 

MARKET. 

144-XXIX.  House  may  be  established 69 

140  Property  may  be  appropriated  for 63 

MATRON. 

61  Police,  appointment  of 32 

MAYOR. 

25  Appoint  special  police 15 

142  Appoint  appraisers  in  the  matter  of  property  appropriated,  64 

78  Appoint  officers  of  the  city 37 

77  Appoint  officers,  failure  to 37 

26  Appoint  additional  officers 15 

28  Approve  or  veto,  documents  submitted  to  him 16 

86  Approve  bonds  of  Councilmen  and  City  Clerk 39 

18  Bond  of 13 

12  Call  special  meeting  of  Council 11 

58  Chairman  of  Board  of  Fire  and  Police  Commissioners ....  30 

25  Chief  executive  and  conservator  of  peace 15 

67  Chief  of  Police  subject  to  orders  of 34 

69  Chief  subject  to  orders  of  in  case  of  riot 34 

40  City  Attorney  advise 23 

28  Contracts  submitted  to,  when 16 

64  Co-operate  with  sheriff 33 

94  Contributions  to,  prohibited 10 

7  Designate  polls  at  election 10 

26  Dismiss  appointees 15 

64  Enforce  laws  of  state  and  ordinances 33 

6  Elected,  when "' 

22  Extra  compensation  prohibited 11 

26  Fill  vacancies  in  appointive  offices 15 

27  Give  notice  of  intended  absence. 16 

150  Liability  of,  on  account  of  expenditures 74 

215  List  of  tools  and  materials  filed  witli 03 

215  List  of  tools  filed  with  Clerk  by 03 

27  Make  recommendations  to  Council It' 

28  Ordinances  submitted  to,  when 1  '"> 

29  President  of  Council  acts  as,  when 17 

202  Process  served  upon '^■' 

79  Refusal  of  Council  to  confirm  appointments  of 37 

93  Removed  from  office,  how '0 

91  Removed  from  ofiicc  by  District  Coiirl,  when  10 


592  INDEX    TO    CITY    CHARTER. 


MAYOR— Continued. 

Section  Page 

28  Resolutions  submitted  to,  when 16 

80  Responsible  for  acts  of  deputies 37 

27  Require  exhibition  of  accounts 16 

97  Records  of,  open  to  inspection 42 

18  Salary  of I3 

194  Sign  bonds 86 

192  Sign  warrants g6 

27  Superintend  affairs  of  city 16 

69  Suppress  riots 34 

84  Take  oath 38 

31  Treasurer's  accounts  open  to  inspection  of 17 

32  Treasurer  report  to I7 

29  Vacancy  in  office,  how  filled 17 

28  Veto  appropriation  ordinance  or  item  therein 16 

28  Veto  power 16 

MAYOR   AND  COUNCIL. 

144-XXXIII.   Abate  dense  volumes  of  smoke 70 

144-XXXIII.  Abate  nuisances 70 

105  Accept  security  companies  on  bonds  of  contractors 45 

144-11.  Adopt  corporate  seal 66 

144-11.  Adopt  official  seal  for  officials 66 

189  Amend  ordinances 84 

142  Appoint  appraisers  in  the  matter  of  appropriating  prop- 
erty    64 

115  Appoint  appraisers  in  matter  of  changing  grade 54 

115  Appoint  appraisers  on  account  of  grading 54 

128  Appoint  appraisers  on  account  of  viaduct  construction.  .  .  58 

34  Appoint  treasurer,  when 18 

57  Appropriate  lands  for  parks  and  boulevards 30 

150  Appropriate  money  for  liabilities  of  city,  when 74 

144-IV.  Appropriate  money  for  expenses  of  city 66 

140  Appropriate  property  for  public  use 63 

140  Appropriate  property  for  water  works 63 

86  Approve  official  bonds 39 

128  Approve  plans  and  specifications  for  viaducts 58 

113  Assess  one-half  cost  of  grading,  when 53 

114  Assess  whole  cost  of  grading,  when 54 

57  Assess  real  estate    or  parks  and  boulevards 30 

181  Assess  annually  for  paving  repairs 82 

40  Attorney  advise 23 

191  Authorize  Treasurer  to  invest  assessments  in  bonds 85 

133  Change  course  of  streams 60 

189  Care  for,  manage  and  control  city 84 

126  Change  limits 57 

120  Compel  construction  and  repair  of  sidewalks 55 

128  Compel  construction  of  viaducts 58 


INDEX    TO    CITY    CHARTER.  593 


MAYOR  AND  COUNCIL— Continued. 

Section  Pa<^e 

144-XXVI.  Compel  hitching  of  horses 69 

1-5  Compel  laying  out  of  streets  and  alleys  in  additions.  ...  57 

129                  Compel  sewer  connections  to  be  made 60 

108  Compel  water  connections  to  be  made 47 

187                  Compromise  taxes S4 

44                  Confirm  acceptance  of  public  work 24 

46                  Confirm  appointment  of  employesby  Engineer 25 

142  Confirm  assessment  of  damages  for  appropriation  of  prop- 
erty    64 

127  Construct  and  license  bridges  and  collect  toll 58 

141                  Construct  and  regulate  subways 64 

120                  Construct  or  repair  sidewalks 55 

124                  Control  work  on  streets 57 

52                  Co-operate  with  Board  of  Health 28 

103                  Contract  for  gas,  water  and  electric  light 44 

107                 Create  street  improvement  districts 46 

129                 Create  sewer  districts 60 

82  Create  new  offices 38 

83  Create  new  offices,  how 38 

98                  Departments  report  to,  annually 42 

128  Determine  cost  of  constructing  viaducts  to  be  borne  b}' 

railroads 58 

108-11.           Designate  material  for  improvements,  when 48 

4                  Divide  wards  into  voting  districts 10 

106                  Direct  Clerk  to  advertise  for  bids  for  material 45 

132                  Drain,  fill  and  grade  lots 60 

110                  Declare  necessity  of  changing  grade 53 

46                  Dismiss  employes 25 

46                  Engineer,  have  supervision  of  work  ordered  done  by 25 

124                 Excavation 57 

139                  Extension  of  Street  Railway  company 63 

181                 Establish  paving  plant.  . 82 

109  Establish  grade  of  streets 52 

144-XXVIII.   Establish  hospitals,  jails  and  workhouses 69 

144-XXVII.  Establish  libraries 09 

144-XXIX.  Establish  market  houses 69 

89  Fill  vacancies 39 

46                  Fix  salary  of  laborers  appointed  by  Engincei* 25 

lOS-II.           Give  30  days  to  property  owners  to  select  material 48 

195                  Issue  bonds,  when 87 

198  Issue  district  improvement  l>onds 88 

201                  Issue  park  bonds 89 

199  Issue  intersection  bonds 88 

90  Jurisdiction  to  remove  from  office  .  10 

144-XII.        Keep  sidewalks  clean rp7 

1.50  Liabilities  of,  payment  provided.  ...  "1 

144-1.             May  levy  tax ''>•> 


594  INDEX    TO    CITY    CHARTER. 


MAYOR   AND   COUNCIL— Continued. 
Section  Page 

173  May  levy  tax  on  shows,  etc 79 

82  May  create  offices 38 

83  May  create  new  offices,  liow 38 

181  May  levy  annual  repair  paving  tax 82 

173  May  levy  and  collect  license  tax 79 

130  May  levy  special  assessments  for  sewer  and  drains 60 

107  May  levy  special  taxes  on  account  of  improvements.  ...  46 

144-XII.  May  levy  special  taxes  for  keeping  sidewalks  clean 67 

123  May  levy  special  taxes  for  sprinkling  streets 56 

144-XXV.  May  make  and  enforce  police  regulations 69 

144-XXX.  May  prohibit  additional  cemeteries 69 

125  May  prohibit  sale  of  lots,  when 57 

185  May  re-levy  delinquent  taxes,  when 83 

188  May  re-levy  taxes 84 

144-VIII.  May  require  officials  and  employes  to  give  bond 66 

97  May  require  reports  of  departments,  when 42 

174  May  tax  for  revenue 80 

144-XIV.  Name  and  re-name  streets 67 

52  Nuisances,  suppression  of 28 

122  Open,  widen  and  extend  streets 56 

107-T.  Order  improvements  within  3,000  feet  limit,  when 47 

107-11.  Order  improvements  outside  3,000  feet  limit,  when 47 

114  Order  partial  grading,  when 54 

112  Order  change  of  grade 53 

113  Order  streets  reduced  to  establish  grade 53 

123  Order  streets  sprinkled 56 

107-III.  Order  streets  paved  or  repaired 47 

54  Park  Commissioners  make  recommendations  to 29 

158  Pass  appropriation  ordinance,  when 76 

15  Pass  appropriation  ordinance,  when 12 

189  Pass  ordinances 84 

211  Pay  rejected  claims,  how 91 

137  Powers  of,  relating  to  paving  by  street  railway  companies. . .  62 

101  Prepare  list  of  supplies 43 

82  Prescribe  duties  and  powers  of  officials 38 

144-XXXII. Prescribe  fire  limits    70 

144-VII.  Prescribe  weight  and  quality  of  bread 66 

144-III.  Preserve  public  health 66 

144-VI.  Prevent  carrjdng  of  concealed  weapons 66 

144-X.  Prevent  cruelty  to  animals  and  children 67 

144-VI.  Prevent  discharge  of  fire-arms 66 

144-XXVI.  Prevent  horse  racing 69 

144-XVII.  Prevent  injury  to  streets 67 

133  Protect  private  property 60 

108  Provide  construction  of  conduits  for  underground  pipes  and 

wires 47 

5  Provide  for  election  of  officials 10 


INDEX    TO    CITY    CHARTER.  595 


MAYOR  AND  COUNCIL— Continued. 
Section  p^gg 

89                Provide  for  filling  vacancies  in  office 39 

144-XXXI.   Provide  for  inspection  of  steam  boilers 70 

191                Provide  for  investment  of  funds,  when 85 

134                Provide  for  lighting  streets 61 

144-XIII.    Provide  for  planting  and  protecting  trees 67 

144-XIlI.    Provide  for  protection  of  birds 67 

144-V.          Provide  for  protection  of  strangers 66 

93                Provide  for  officers  during  time  of  removal 40 

144-XXX.   Provide  for  registration  of  births  and  deaths 69 

5                Provide  for  registration  of  voters 10 

89                Provide  for  removing  officers 39 

143                Provide  for  exercise  of  power 65 

144-XXVIII.   Provide  for  disposal  of  garbage 69 

52               Provide  for  care  of  diseases 28 

52  Provide  for  regulation  of  hospitals 28 

144-XXXIII.   Provide  for  sewer  connections 70 

123                Provide  for  street  sprinkling 56 

61                Provide  funds  for  Fire  and  Police  Departments 32 

201                Provide  funds  for  parks,  when 89 

5                Provide  manner  of  deciding  contested  elections 10 

31                Provide  manner  of  keeping  Treasurer's  accounts 17 

144-XXIV.  Provide  punishment  for  desecration  of  Sabbath 68 

144-XXII.   Provide  punishment  for  distrubing  peace 68 

144-XXIII.   Provide  punishment  for  vagrants 68 

57                Purchase  land  for  boulevards,  when 30 

200                Ratif}^  bonds  issued 89 

53  Records   of  Advisory    Board   and    lioard   of   Public   Works 

controlled  by 29 

134                Regulate  and  fix  charges  for  telephone  service 01 

144-XIV.    Regulate  and  require  numbering  of  houses 67 

144-XVI.    Regulate  animals  running  at  large 67 

144-XX.      Regulate  auction  sales 68 

144-XVIII.   Regulate  bicycle  riding 67 

144-XXXIII.   Regulate  building  material 70 

144-XXXIII.   Regulate  construction  of  buildings  and  fire  escapes.  ...  70 

129                Regulate  construction  and  repair  of  sewers 60 

144-XXXIII.   Regulate  construction  of  cliimneys 70 

144-XXXIII.   Regulate  heating  appliances 70 

144-XXXIII.   Regulate  party  walls 70 

144-XXXIII.   Regulate  deposit  of  ashes 70 

144-XI.        Regulate  dogs  running  at  large ()7 

144-XXXIII.   Regulate  fences 70 

114-XXXIII.    Regulate  heating  and  ventilation  . 70 

144-XIX.    Regulate  keeping  of  gunpowder,  oils  and  other  cornljustible.s,  OS 

144-XXXIII.    Regulate  inspection  of  plumbing  work 70 

144-XXXlV.    Regulate  levees,  depots  and  rail\v;iys  .  .  71 

134                Regulate  laying  of  pipes 01 


596  INDEX    TO    CITY    CHARTER. 


MAYOR   AND   COUNCIL— Continued. 

Section  Page 

144-XXXV.   Regulate  railway  crossings 71 

144-XXXV.   Regulate  running  of  street  cars 71 

144- VII.      Regulate  sale  of  fish,  flour  and  food 66 

134                Regulate  sale  of  gas  and  electric  lights 61 

144-VII.      Ptegulate  sale  of  meats  and  millc 66 

144-VII.      Regulate  sale  of  poultry 66 

144-VII.      Regulate  sale  of  vegetables 66 

134                Regulate  telegraph  poles  and  wires.  .  . 61 

144-XXI.    Regulate  use  of  signs  and  awnings 68 

144-VII.      Regulate  weights  and  measures 66 

52               Regulate  cemeteries 28 

144-XXXII.   Regulate  construction  and  removal  of  buildings 70 

128                Repair  viaducts  and  assess  costs  to  railroads 58 

1 89                Repeal  ordinances 84 

144-XV.      Remove  weeds 67 

131  Require  issuance  of  permits  for  sewer  connection 60 

132  Require  property  drained,  filled,  or  graded 60 

144-XXXVI.    Require  lighting  of  railway  tracks 71 

128               Require  railways  to  construct  and  repair  viaducts 58 

52                Suppression  of  nuisance 28 

34                Treasurer  report  to,  when 18 

99                Treasurer  report  to  annually, 43 

89                Vacancies  filled  by 39 

METROPOLITAN   CITIES. 

196                Bonded  indebtedness 87 

138  Bring  suit  against  railway  company  for  taxes 62 

143                Body  corporate 65 

209               Claims  against,  filed  where 91 

2  Corporate  limits 9 

202                Corporate  name  of 89 

189                Controlled  by 84 

206  Damages  from  defective  sidewalks  or  streets 90 

1                Defined 9 

3  Divided  into  wards 9 

139  Extend  street  railway,  when 63 

205               Judgment  against,  how  paid 90 

212                Liable  for  costs  in  appeals,  when 92 

143                May  own  property 65 

138  May  bring  suit  for  taxes,  against  railway  company,  when. . .  62 

189                Mayor  and  Council  have  care  and  control  of 84 

207  Not  liable  for  damages,  when 90 

1                Organize,  when 9 

17                Ordinances  received  in  court,  when 13 

1                Population  of 9 

1                Population  of,  how  ascertained 9 

143                Powers  of 65 


INDEX    TO    CITY    CHARTER.  597 

METROPOLITAN  CITIES— Continued. 
Section  p^gg 


144  Powers  of. 


65 


205  Property  of,  exempt  from  taxation,  execution  and  sale  ....  90 

218  Property  rights  of 94 

140  Record  plat  of  property  appropriated,  when 63 

203  Refusal  to  defend 9q 

138  Sell  street  railway  propert^^  when 62 

161  Taxes  of,  delinquent  when 77 

203  Taxpayers  may  defend  suits  against,  when 90 

NEWSPAPER. 

104  Advertisement  for 44 

104  Copies  of,  sent  to 44 

104  Official '  .  .  .  '  44 

NOTICES. 

104  For  bids  for  public  works,  published,  how 44 

110  Grade,  change  of 53 

210  Disallowance  of  claims,  served  how 91 

207  Personal  injury,  filed  when 90 

206  Record  of,  kept  by  Clerk 90 

12  Special  meetings 11 

121  Sidewalks,  construction  or  repair  of 55 

108-X.         To  protestants 51 

NUISANCES. 

52  Mayor  and  Council  may  suppress 28 

144-XXXIII.   Mayor  and  Council  may  abate 70 

OATHS. 

209  Comptroller  administer,  wlien 91 

59  Of  Fire  and  Police  Commissioners,  filed  where 31 

84  Officials,  filed  where 38 

56  Park  Commissioners,  filed  where 29 

14  To  witness,  administered  how 12 

OFFICIAL. 

(See  City  Officials.) 

38  Communications,  Clerk  receive 22 

104  Newspapers,  designated,  when,  how 44 

OILS. 

144-XIX.    Keeping  of,  may  be  nsgulatcd .  OS 


598  INDEX    TO    CITY    CHARTER. 


OPIUM. 

Section  Page 

144-XXl\'.  Joints  may  be  suppressed 68 

ORDINANCES. 

48               Additional  duties  provided  by 26 

40               Additional  duties  of  Attorney  prescribed  by 23 

43              -Additional  duties  of  Engineer  fixed  by 24 

146               Annual  levy,  passed  when 72 

36               Appropriation,  Comptroller  prepare 21 

158                Appropriation,  passed  when 76 

24                Appropriation  for  day  laborers 15 

38               Clerk  have  custody  of 22 

126               Change  limits,  by 57 

42  City  Prosecutor  prosecute  violations  of 23 

103  Contract  for  gas,  water  and  electric  light  by 44 

107                Create  improvement  districts  by 46 

144-Xl.        Dogs  running  at  large,  regulated  by 67 

81                Duties,  powers  and  privileges  of  officers  provided  by 38 

65               Duties  of  police  relating  to  violations  of 33 

15               Enacting  clause  of 12 

27  Enforced  by  Mayor 16 

43  Engineer  prepare  ordinance  for  assessment  of  special  taxes,  24 

24  For  payment  of  laborers,  passed  when 15 

191                Investment  of  funds,  provided  by 85 

25  Jurisdiction  of  Mayor,  provided  by 15 

168                Levying  tax,  copj'  delivered  to  Treasurer 78 

189               May  be  passed,  amended  and  repealed,  how 84 

112               Mayor  and  Council  may  order  change  of  grade  bj^ 53 

142                Necessity  of  appropriating  property,  declared  by 64 

158               No  money  expended  except  by 76 

218                Now  in  force,  to  continue 94 

15  Passed  how 12 

28  Presented  to  Mayor,  when 16 

144-XXV.   Police  regulations  fixed  by 69 

7                Polls  at  election  may  be  fixed  by 10 

104  Published  how 44 

17                Received  in  court,  how 13 

124                Regulating  excavations,  may  be  passed 59 

48  Relating  to  buildings,  enforced  how 26 

16  Relating  to  franchises,  published 12 

49  Relating  to  health,  enforced  how 27 

107-1.           Relating  to  street  improvements 47 

21                Salaries  not  specified  in  Charter,  fixed  by 14 

175                Special  assessments  levied  by 80 

3               Ward  boundaries  defined  by 9 

3                Wards  divided  into  voting  districts  by 9 


INDEX    TO    CITY    CHARTER.  599 


PARK. 

Section  Page 

201  Bonds  for,  issued  how 89 

55  Commissioners  appointed,  when 29 

56  Commissioners,  duties  and  powers  of 29 

146  Fund,  maximum  amount  of 72 

148  Fund,  collections  credited  to 73 

140  Property  may  be  appropriated  for,  how 63 

57  Property  appropriated  for,  how 30 

PARK   BOARD. 

55  Appointed,  when 29 

55  Composed  of 29 

56  Duties  of 29 

56  Employ  secretary  and  laborers 29 

54  Have  charge  of  parks  and  public  grounds  .  .  .  : 29 

54  Make  recommendations  to  Mayor  and  Council 29 

56  Receive  no  compensation 29 

56  Take  oath 29 

55  Vacancies,  how  filled 29 


PARTY  WALLS. 

144-XXXIIl.   Construction  and  maintenance  of 70 

48  Permits  for 26 

PAVING. 

108-VII.  Clerk  deliver  petition  for,  to  Attorne}'  and  Engineer 50 

106  Create  districts  for -Jo 

106  Done  by  contract 45 

180  Depth  to  which  property  may  be  assessed  for 82 

106a  Engineer  establish  standard  of  material 46 

108-V.  Filed  where 49 

107  Levy  taxes  for • H) 

108-11.  Material,  by  petition  of  property  owners IS 

108-11.  Material  designated  by  Mayor  and  Council,  wlien 18 

108-11.  Notice  to  designate  material 48 

107  Not  ordered,  when 46 

108-III.  Petitions  on  printed  blanks I'.' 

106  Petitions  shall  specif}' I'l 

108-IX.  Protests  against ")  I 

108-VIII.  Publication  of  petition .")() 

181  Repair  plant M2 

107-III.  Repaving " I" 

lOS-III.  Signatures  on  petitions  for  pa\iiig,  verified !'.• 

108-IV.  Signatures  on  pctifions  for  material,  verified l'.» 

108-IX.  Supplemental  petition 51 


600  INDEX    TO    CITY    CHARTER. 

PAWNBROKERS. 

Section  _  Page 

174               License  of 80 

PEDDLERS. 

174               License  of 80 

PENALTIES. 

13                Neglect  of  Councilmen  to  report ' 11 

"3               Paid  to  City  Treasurer 18 

95                Soliciting  support  of  corporations 41 

124                Violation  of  ordinance  relating  to  excavations 57 

23                Violation  of  charter  proA'isions  relating  to  salaries 15 

155               Voting  to  divert  funds 75 

PERMIT  DEPARTMENT. 

43                City  Engineer  have  charge  of 24 

PERMITS. 

48                Building  Inspector  keep  record  of 26 

131               Sewer 60 

PERSONAL  PROPERTY. 

143               City  may'own 65 

PERSONAL  INJURIES. 

(See  Injuries.) 

PETITIONS. 

213               Appeal  from  damages 92 

108-11.         Designating  material,  for  street  improvements. 48 

106                Designating  material,  shall  be  specific 45 

108-IV,        Designating  material,  blanks  for 49 

108-IV.        Designating  material,  signed  in  ink 49 

108-IV.        Designating  material,  signatures  on,  verified.  .  .  .  •. 49 

106                Designating  rnaterial,  signed  without  condition 45 

108-IV.        Designating  material,  specify  material,  describe  portion  of 

street > 49 

108-III.       Describe  part  of  street  improved 49 

38                Filed  with  Clerk 22 

112                Grading  or  changing  grade 53 

118                Grading,  contain  waiver  of  damages 54 

108-X.         Hearing  of  protests  against 51 

107-11.         Improvements,  must  be  signed  by  record  owners,  when.  .  .  47 

108-III.       Improvement,  blanks  for 49 

108-III.       Improvement,  signed  without  condition 49 


INDEX    TO    CITY    CHARTER.  601 

PETITIONS-   Continued. 

Section  Page 

lOS-V.          Improvement  or  material,  filed  and  recorded 49 

108-VII.      Improvement,  certified  by  Attorney  and  Engineer 50 

108-VII.      Improvement,  supplemental,  filed  when.                    50 

108-IX.       Improvements,  supplemental,  filed  when.  .                 51 

108-VIII.    Improvement,  published  when 50 

108-IX.       Improvements,  protests  against 51 

108-IX,       Improvement,  supplemental,  notice  of,  not  required 51 

108-XI.       Irregular,  when 52 

105               Property  owners  must  make,  for  street  improvements 45 

108-III.       Signatures,  acknowledged,  blanks  for 49 

108-III.       Signatures  must  be  acknowledged  before  Notary  Public.  .  .  49 

108-VII.      Supplemental .50 

139  To  extend  street  railwa}^  .  .63 

108- VI.        When  two  are  filed 50 

PHYSICIAN. 

49               Cit}-  (See  Health  Commissioner) 27 

208                Other  than  citv,  examine  claimants,  when 91 

PICKPOCKETS. 

144-XXIII.   May  be  punished. 68 

PLUMBING  INSPECTOR. 

78               Appointed,  when 37 

48               Additional  duties  prescribed  bj^  ordinance.  .  20 

18    .           Bond  of 13 

48               Duties  of 26 

22                Extra  compensation  prohibited 14 

48                Qualifications  of 26 

18               Salary  of 13 

POLICE   DEPARTMENT. 

62                Discipline  of 32 

61  Members  of,  how  appointed  .  .  32 

62  Members  of,  how  removed 32 

61               Matron *  •  32 

74                Regulate  disbursement  of  relief  fund 35 

POLICE. 

146               Fund,  maximum  amount  of 72 

76               Pensions,  how  paid 36 

72               Relief  fund 35 

72  Relief  fund,  how  used 35 

73  Relief  fund,  invested 35 

73                Relief  fund,  fines  credited  to 35 


602  INDEX    TO    CITY    CHARTER. 


POLICE— Contihued. 
Section  Page 

74  Relief  fund,  rules  governing,  how  made 35 

74  Relief  fund.  Board  of  Directors,  how  constituted 35 

75  Relief  fund,  Board  of  Directors,  organize  how 36 

75  Relief  fund,  nienabers  resigned  have  no  interest  in 36 

73  Relief  fund,  proceeds  of  sale  of  unclaimed  property  credited 

to 35 

74  Relief  fund,  disbursement  of 35 

25  Special,  how  appointed 15 

POLICEMEN. 

65  Additional  duties 33 

61  Appointment  of 32 

71  Bond 34 

62  Charges  filed  against 32 

65  Daily  report  to  chief 33 

63  Descipline  of 33 

65  Duties  of 33 

61  Electors  of  city 32 

19  Not  allowed  witness  fees 14 

71  Powers  as  constable 34 

72  Relief  fund 35 

62  Removal 32 

65  Report  defect  in  street  or  sidewalk 33 

65  Report  violation  of  ordinance  or  law  to  prosecutor 33 

19  Salaries  of 14 

71  Subject  to  orders  of  chief 34 

76  When  disabled 36 

POPULATION. 

2  Of  metropolitan  cities 9 

2  Of  wards  to  be  equal 9 

POWERS. 

143  Of  metropolitan  cities 65 

81  Of  officers  defined  by  ordinance. 38 

144  Of  metropolitan  cities 65 

PRESIDENT. 

75  Of  Board  of  Directors  of  Police  Relief  Fund 36 

29  Of  Council,  act  as  Mayor,  when 17 

14  Of  Council,  administer  oaths,  when 12 

10  Of  Council,  duties  of 11 

10  Of  Council,  elected  when 11 

202  Process  served  upon,  when 89 


INDEX    TO    CITY    CHARTER.  603 

PRIZE   FIGHTING. 

Section  Page 

144-XXIV.  May  be  prohibited  .   68 

PROCESS. 

202                 How  served •. 89 

PROPERTY. 

142  Appropriation  of 64 

177                  Benefits  to,  determined  by ' 81 

125                  Division  of  personal 57 

180                  Depth  to  which  taxed 82 

189                  Of  city,  controlled  how 84 

205                  Of  city,  exempt  from  taxation 90 

143  Personal,  city  may  own 65 

133                  Protection  of,  provided  how 60 

132                  Required  drained,  filled  and  graded 60 

218                  Rights,  not  affected 94 

179                  Several  owners 82 

PROPOSITIONS. 

2                  To  annex  adjacent  territory 9 

142                  To  appropriate  property 64 

16                  To  grant  franchises 12 

197                  To  issue  bonds 87 

201                  To  issue  park  bonds 89 

PROSECUTING  ATTORNEY. 

(See  City  Prosecutor.) 

PROTESTS. 

lOS-XI.          Appeal  from 52 

116                  Appeal  from  report  of  appraisers 54 

116                  Against  report  of  appraisers  for  grading 54 

111                 Against  change  of  grade 53 

108-X.           Council  hear  protests 51 

108-IX.          Street  improvement,  time  to  file 51 

PROSTITUTES. 

144-XXIII.  Punishment  of,  may  be  provided 08 

144-XXIV.  Houses  of,  may  be  proliibitctl 68 

PROVISIONS. 

1                   Of  tliis  act  to  govern '•' 


604  INDEX    TO    CITY    CHARTER. 


PUBLIC  WORKS. 

Section  Page 

53                  Board  of,  abolished ...  29 

104  Bids  advertised  for 44 

46                  City  Engineer  have  supervision  of 25 

105  Contracts  for 45 

QUORUM. 

175                  Of  Board  of  Equahzation 80 

11                 Of  City  Council U 

55                  Of  Board  of  Park  Commissioners ' 29 

RAILROADS. 

137  Assessment  for  repairing 62 

128                  Construct  and  repair  viaducts 58 

144-XXXY.  Crossings  regulated 71 

136                 Keep  track  in  repair 61 

144-XXXVI.  Light   crossings 71 

136                  Liable  for  damages,  when 61 

135                  Pa\'e  and  repair  between  rails 61 

138  Property  of,  sold  for  delinquent  taxes 62 

REAL  ESTATE. 

143                  City  may  own 65 

163                 General  taxes,  lien  on 77 

163                  Special  taxes,  lien  on 77 

RECORD. 

38                  Of  Board  of  Equalization,  how  kept 22 

38                 Of  City  Council,  how  kept 22 

97                  Open  to  inspection 42 

REMOVAL. 

89                  City  officials,  how  provided 39 

91                  City  officials,  by  District  Court,  when 40 

150                  Mayor,  Council  and  Treasurer 74 

REPAYING. 

(See  Street  Improvements  and  Paving.) 

REPEALING  CLAUSE. 

219  Repealing  Section  7450  to  7649     of    Cobbey's  Annotated 

Statutes  of  1903 94 


INDEX    TO    CITY    CHARTER.  "605 

REPORTS. 

Section  Page 

98                  Annual,   of  city   officials    42 

48  Building  Inspector,  to  City  Council 26 

13                  Committees  of  Council,  made  when 11 

49  Health  Commissioner,  to  city  council 27 

98  Monthly  reports.   .  .    .• 42 

97                  Officials,  required  by  Mayor  and  Council,  when 42 

27  Officials,  to  council 16 

99  Treasurer,  when  made 43 

RESOLUTIONS. 

83                 Create  new  offices  by 38 

110                  Declare  necessity  of  change  of  grade  by 53 

110                  Declare  necessity  of  change  of  grade,  notice  of 53 

28  Presented  to  Mayor,  when 16 

28                  Requires  Maj'or's  signature,  when 16 

RIOTS. 

69                  How  suppressed 34 

RULES. 

15                  Of  Cit}^  Council,  how  provided 12 

74                  Relating  to  Police  Relief  Fund,  how  provided 35 

REVENUE. 

174                  Taxes  may  be  levied  for 80 

SABBATH. 

144-XXIV.  Desecration  of,  may  be  punished 6S 

SALARIES. 

18  City  officials 13 

19  Firemen 14 

155                 Inspectors  of  public  work 75 

8                 Judges  and  Clerks  of  election 10 

21                 Not  specified,  how  fixed II 

56                 Park  Commissioners  serve  without -9 

19                  Policemen 14 

50  Tax  Commissioner.                -8 

35                  Treasurer,  county.                        '9 

35                 Treasurer,  city '•' 

SANITATION. 

49                  r)rdinances  relating  to,  cnlniccd  how '-'7 


606  INDEX    TO    CITY    CHARTER. 

SCHOOL   FUNDS. 

eciion                                                                                                                            ^  '^j^^ 

190                  Interest  on,  reported  to  Board  of  Education 84 

190                  Treasurer  keep  separate  account  of 84 

SEAL. 

144-11.           Corporate 66 

144-11.           Other  official,  liow  provided 66 

SEWERS. 

195                  Bonds  for  construction  of 87 

108-1.             Connections,  how  made 48 

43                  Connections,  plans  for,  how  prepared 24 

129                  Construction  and  repair  of 60 

129  Districts  created 60 

147                  Maintain  fund,  maximum  amount  of 7.3 

108-1.              Notice  to  property  owners  of  improvement 48 

131                 Permit  to  connect 60 

108-1.             Plans  of  connection  kept  by  Engineer 48 

140                  Private  property  may  be  appropriated  for 63 

130  Taxes  may  be  levied  for  cost  of 60 

SHOWMEN. 

174                  May  be  licensed 80 

SHOOTING   GALLARIES. 

144-XXIV.  May  be  licensed 68 

SIDEWALKS. 

120                  Constructed  and  repaired,  how 55 

120                  Cost  of  assessed  by  Mayor  and  Council 55 

182                  Cost  of  constructing  and  repairing 82 

206                Damages  on  account  of  defects  in 90 

144-XII.      Kept  clean,  how 67 

121                Notice  to  construct  or  repair 55 

121                Owners  liable  for  damages,  on 55 

120  Permanent 55 

121  Width  of : 55 

121                Wooden  sidewalks,  when  Iniilt 55 


144-XXI.    May  be  regulated 


SIGNS. 

68 


INDEX    TO    CITY    CHARTER.  607 


SINKING   FUND. 
Section  Page 

153  Disbursements 74 

145                Maximum  amount  of 72 

152                Maintained,  how 74 

154  Per  cent  invested  in  warrants 75 

152                Provision  for 74 

151                Transfers  to 74 

SPECIAL  FUNDS. 

(See  Funds.) 

151                Unexpended  balance,  how  disposed  of 74 

SPECIAL  ASSESSMENTS. 

(See  Assessments.) 

SPECIAL  MEETINGS. 

12                Of  Council,  how  called 11 

SPECIAL  POLICE. 

25                Appointed,  how 15 

SPECIFICATIONS. 

43               Engineer  make -4 

106                Engineer  fix  standard  of  materials 45 

106                List  of,  kept  b,v  Engineer 45 

SPRINKLING  STREETS. 

123               Cost  of,  how  paid 56 

123                Districts,  how  created 56 

123  How  done 56 

STREET  CARS. 

144-XXXIV.    Running  of,  maj'  be  reguhiled 71 

STREETS. 

CO 

182  Cost  of  improving 

206                Damages  on  account  of  defects • '"' 

124  Excavations  in,  how  regulated f)/ 

111                Graded,  how •"'•^ 

100                Grade  established,  how '^^ 

12.5                In  additions,  must  correspoml  ■" 

113                Mayor  and  Coun^-il  order  grading,  wlicn.  '^ 

124                 Mayor  and  Council  conln.l  wm-k  upon  .  -y 

122                Meaning  defined •''' 

1  7<S  Meaning  defined 

1  1  1-XIV.     Named  and  re-named.  '" 


608  INDEX    TO    CITY    CHARTER. 


STREETS— Continued. 

Section  "  Page 

122  Narrowed  less  than  66  feet,  when 56 

122  Opened,  widened  and  extended,  how 56 

107-III.  Paved  or  re-paved 47 

140  Private  property  may  be  appropriated  for 63 

123  Sprinkled,  how 56 

122  Title  to 56 

144-XXXIV.  Use  of  by  cars,  regulated,  how ,  .  71 

122       .  Widened  and  narrowed,  how 56 

113  Width  graded 53 

STREET   IMPROVEMENTS. 

212  Appeals  shall  not  delay 92 

106  Bids  received  and  opened 45 

198  Bonds  issued  for  cost  of * 88 

198  Cost  of,  how  paid 88 

122  Cost  of,  by  whom  paid 56 

201  Cost  of,  paid  by  Park  Board,  when 89 

108  Connections  made,  before 47 

107  Create 46 

106  Designate  locality  from  which  material  be  furnished 45 

177  Districts,  real  estate  included  in 81 

108- VII.  Districts,  Engineer  furnish  plats  of 50 

107  Districts,  how  created 46 

106  Districts,  created  by  ordinanc   45 

106  Done  by  contract 45 

106  Done  by  contract  to  lowest  responsible  bidder 45 

137  How  made  in  case  of  neglect  of  street  railway  coinpanies  to 

pave 62 

106  Material  for,  bids,  designated  in  general  terms 45 

108-11.  Material  petitioned  for,  when 48 

108-11.  Material  selected  by  Mayor  and  Council,  when 48 

106  Material  for,  how  specified 45 

108-11.  Material,  notice  to  select,  how  given 48 

107  Not  ordered,  when 46 

107-1.  Ordered  how,  within  3,000  feet  limit 47 

107-11.  Ordered  how,  outside  3,000  feet  limit 47 

136  Paving  by  street  railway  companies 61 

135  Paving  between  rails  and  tracks 61 

107  Paving  intersections,  funds  for,  on  hand 46 

Paving  (See  Paving.) 
Petitions  for  (See  Petitions.) 

108-IX.  Protests  against,  filed  when 51 

137  Refusal  of  Street  Railway  Company  to  pave 62 

106  Specifications  for,  and  price  of  material  kept  where 45 

107  Special  assessments  for,  how  levied 46 

183  Special  assessments  for,  how  levied 83 

108-1.  Sewer  connections,  made  when 48 


.  INDEX    TO    CITY    CHARTER.  609 

STREET  RAILWAY. 

Section  Page 

138  Action  by  city  for  taxes 62 

136               Companies  defined 61 

139  Companies  exempt  from  paving,  when 63 

128               Construct  and  repair  Adaducts 58 

139                Extension  of,  how  procured 63 

136               Liable  for  damages;  when 61 

135                Material  used  in  paving.  .■ 61 

135  Pave  between  tracks,  when 61 

136  Pave  between  tracks,  wlien 61 

138                Paving  done  by,  cost  of,  how  assessed 62 

138               Property  of,  sold  for  taxes,  when 62 

136  Rails  of,  to  be  approved,  how. 61 

137  Refusal  to  pave 62 

138  Taxes  payable  in  installments 62 

SUBWAYS. 

195                Bonds  for  construction  of 87 

141                May  be  constructed  and  regulated,  how 64 

SUITS. 

203                Against  cit}^  taxpayer  may  defend,  when 90 

SUPPLIES. 

101                Clerk  advertise  for  bids  for 43 

101  List  shall  include 43 

102  List  shall  not  include '44 

102               List  of,  when  made 44 

101               Prepare  list  of 43 

SURETIES. 

85                On  bonds,  required 38 

105               On  bonds  of  contractors 45 

30               On  bonds  of  Treasurer,  liable,  when 17 

88               Qualifications  of,  how  fixed 39 

SWINDLING. 

144-XXIV.  May  be  punislied OS 

TAX   COMMISSIONER. 

50               Complete  records  of  office.  28 

50               Duties  of 28 

50               Office  abolished,  when 28 

215               Prepare  abstract  of  books,  etc.,  in  po.sses8ion  of.  .  93 

.50               Salary  of 2S 


610  INDEX    TO    CITY    CHARTER. 


TAX  LIST. 

Section  Page 

185  Errors  and  omissions  corrected 83 

TAXES. 

145  Amount  to  be  raised  eacli  year 72 

1-16  Annual  levy  for,  made  when 72 

175  Assessment  for,  equalized 80 

145  Certified  to  County  Treasurer 72 

165  City  may  bring  suit  for 78 

144-1.  City  levy  tax 66 

167  Clerk  issue  warrants  for  collection  of 78 

162  Collect  by  distress 77 

35  Collected  by  County  Treasurer,  how 19 

160  Collection  of  general,  how  provided 77 

36  Comptroller  charge  to  Treasurer 21 

187  Compromise 84 

157  Consolidated,  payments  of 76 

162  Demand  for  payment  of,  not  necessary 77 

172  Delinquent  list  made,  when 79 

185  Delinquent  on  account  of  error,  may  be  relevied 83 

186  Error  or  defect  in  list  may  be  corrected ' 83 

120  For  sidewalks,  levied  how 55 

114  For  street  improvements,  levied  how 54 

123  For  sprinkling  streets 56 

160  General,  collected  how 77 

161  General,  delinquent,  when .77 

161  General,  due  when 77 

149  General,  credited  to 73 

216  Heretofore  levied,  not  effected 93 

161  Interest  on 77 

163  T>ien  on  real  estate 77 

179  May  be  paid,  how 82 

185  May  be  re-levied 83 

184  Not  invalid,  when 83 

165  Paid  in  cash 78 

138  Part  of  tax  invalid 62 

205  Property  of  city  exempt  from 90 

170  Payable  in  installments,  when 79 

138  Payable  in  installments,  when 62 

143  Real  estate  sold  for 65 

188  Re-levied  by  Mayor  and  Council  when  invalid 84 

160  Rate  of  levy  fixed  by  County  Board 77 

138  Special  for  paving  street  railways 62 

170  Special,  how  levied 79 

171  Special,  how  collected 79 

182  Special,  levied  when 82 

169  Special,  delinquent,  when 78 

169  Special,  interest  on 78 


Section 


INDEX    TO    CITY    CHARTER.  611 

TAXES— Continued. 


Page 

180                Special,  depth  to  which  assessed 82 

30  Treasurer,  collector  of 17 

165  Treasurer  may  sue  for 78 

184                Validity  of,  not  impaired 83 

216                Validity  not  impaired  by  this  act 93 

166  Warrants  for  collection  of 78 

TAXPAYER. 

213                May  appeal  from  disallowance  of  chiim 92 

203                May  defend  suits  against  city,  when 90 

TELEGRAPH. 

134                Poles  and  wires  may  be  reguhxted 61 

TELEPHONE. 

134                Poles,  wires,  service  and  use  of,  may  be  regulated 61 

TRAMPS. 

1-14-XXlII.   May  be  punished 68 

TRANSCRIPTS. 

213                In  case  of  appeal 92 

TRAVELING  PUBLIC. 

144-V.          Protection  of,  how  provided 66 

TIPPLING  SHOPS. 

144-XXIV.   May  be  suppressed 68 

THIEVES. 

144-XXIII.   May  be  punished 68 

TENPIN   ALLEYS. 

1  14-XXIV.   Regulated 68 

TREASURER. 

(See  County  Treasurer.) 

32                Advertise  warrants 17 

99               Annual  report,  made  when !.{ 

35                Assist  the  County  Treasurer,  as  ex-ofTicio  City  Treasurer  .  .  19 

40                Attorney  advise 23 

31  Books  of,  subject  to  inspection 17 

165     •          Bring  suit  to  collect  taxes.  .              7S 

30               Collector  of  taxes 17 

171               Collector  of  special  taxes.  .  79 


612  INDEX    TO    CITY    CHARTER. 

TREASURER— Continued. 

Section  Page 

31  Comptroller  keep  account  with 17 

162  Collect  delinquent  taxes 77 

168  Copy  of  levy  ordinance  delivered  to 78 

190  Deposit  funds  in  bank 84 

179  Determine   proportionate   share   of  tax   in   case   of  several 

owners °2 

30  EUigibility  to  office 17 

22  Extra  compensation  prohibited 14 

33  Fines  paid  to,  when 18 

31  Give  receipts  for  money 17 

31  Give  duplicate  receipts  to  Comptroller 17 

191  Hold  special  assessments  as  special  funds 85 

187  In  case  of  compromise  of  taxes 84 

31  Keep  separate  accounts  of  each  fund 17 

191  Keep  special  funds  separate 85 

34  Keep  city  and  school  funds  separate 18 

30  I>iable  for  safe  keeping  of  public  funds 17 

165  May  sue  for  taxes 78 

172  Make  delinquent  tax  list,  when 79 

164  Powers  same  as  County  Treasurer 78 

165  Powers  same  as  County  Treasurer 78 

31  Receive  all  moneys 17 

97  Records  of,  open  to  inspection 42 

34  Removal 18 

32  Report  monthly 17 

32  Register  warrants '• 17 

99  Register  of  warrants 43 

190  Report  interest  on  deposits,  when 84 

36  Report  receipts  to  Comptroller  in  detail 21 

36  Report  of.  Comptroller  examine.. 21 

84  Take  oath 38 

154  Take  up  general  warrants  of  school  district 75 

157  Tax  consolidated 76 

35  Term  expires 19 

35  Turn  over  books  to  County  Treasurer 19 

TREES. 

144-XIII.    Planting  and  protection  of 67 

UNCLAIMED   PROPERTY. 

73  Money  derived  from  sale  of 35 

VACANCIES. 

26  In  appointive  offices,  how  filled 15 

29  In  office  of  Mayor 17 

89  In  office  of  Councilman  or  other  city  official ••  •  39 

55  In  office  of  Park  Commissioner 29 

58  In  Fire  and  Police  Board 30 


INDEX    TO    CITY    CHARTER.  613 

VAGRANTS. 

Section  Pnsre 

144-XXIII.   Maj'  be  punislied fiS 

VEHICLES. 

144-XVII.   Mav  be  licensed  and  regulated 67 


VETO. 

28                In  case  of,  procedure  of  Council IG 

28        .       Of  Mayor,  relative  to  appropriation  ordinance.  16 

VIADUCTS. 

128            •  How  constructed  and  repaired 58 

VOTERS. 

82                Employes  of  the  city  must  be '           38 

VOTING  DISTRICTS. 

4               How  established 10 

WARDS. 

3  Boundaries  defined  by  ordinance 9 

4  Change  of 10 

3  City  divided  into 9 

4  Councilman  from  each,  elected  when.  .  10 

4                Divided  into  voting  districts 10 

3               Equal  in  population 9 

7                Qualification  of  electors  in.  10 

WARRANTS. 

32                Advertisement  of,  by  Treasurer 17 

193                Assignment  of 86 

167                Clerk  issue  tax  warrants  .  78 

193               Deducted  from 86 

192  Drawn  on  particular  funds 86 

193  Drawn  on  County  Treasurer 86 

99                Examined  by  finance  committee,  when 43 

192                How  drawn 86 

32               Interest  on,  cease  when 17 

192               Issued  by  Comptroller xn 

156               Not  to  exceed  90  per  cent  in  fund 75 

167                Of  City  Clerk  for  collection  of  personal  taxes 78 

192                On  water  fund  drawn  how 86 

32                Registered  by  Treasurer,  wlicn 17 

99                Registry  of,  Treasurer  k(?ep 43 


614  INDEX    TO    CITY    CHARTER. 

WARRANTS— Continued. 

Section  Page 

192               Signed  by  whom 86 

166  Tax,  necessary  for  collection  of  taxes 78 

167  Tax  warrants,  force  and  effect  of 78 

WATER. 

108                Connections  made  to  property  line,  how 47 

103               Contract  for 44 

141                Rent  collected,  how 64 

144-III.       Use  of,  unsafe,  when 66 

WATER   BOARD. 

217                Have  full  control  of  water  supply 93 

217                Purchase  water  works,  etc 93 

217                Powers  not  interferred  with  by  this  act 93 

WATER   WORKS. 

140  Appropriated,  how 63 

141  Purchased  and  maintained,  how 64 

WEEDS. 

144-XV.      Removal  of 67 


INDEX 


TO 


Revised  Ordinances, 


Index  to  Revised  Ordinances, 


Section  Page 

ADDITIONS 97 

Api^roval  of  plat 6  99 

Becomes  part  of  citj- S  99 

City  engineer  make  survey  when 9  100 

Dedication 5  9S 

Failure  of  owner  to  plat 9-10  100 

Laying  out 1  97 

Map 3-6  97-99 

Plat,  contain  what 3-5  97-98 

Plat,  necessity  for 3  97 

Plat,  record  of 7  99 

Streets,  etc.,  to  correspond  with  streets  in  city '        2  97 

Streets,  etc.,  dedicated  to  city 5  98 

Survey  required 3  97 

Surveyors  certificate 4  98 

Unlawful  to  sell  subdivided  land  except 1-10  97-100 

ADVERTISEMENTS. 

Tearing  down 42  282 

ANIMALS  AT  LARGE 37  281 

ANIMALS. 

Cruelty  to 11  272 

ANIMALS. 

Dangerous  at  large 23  27G 

ANIMALS. 

Indecently  Exhibiting 21  270 

ANIMALS  RUNNING  AT  LARGE 102 

Abusing  animals 6  103 

Bond  of  pound  master 17  106 

Breaking  open  pound,  penalty 12  105 

Care  of  animals  by  pound  master 8  103 

Commissioner  of  health,  dog  pound,  duties  of 29  110 

Dog  pound  keeper,  bond 22  1 07 

Dog  pound  keeper,  provide  pound 22  107 

Dogs  not  liable  to  be  impounded 23-24  lOS 

Dog  fund,  city  treasurer  keep -. 21  107 

Dog  pound  keeper's  fees 2  1-25  lOS 

(617) 
40 


618 


INDEX    TO    REVISED    ORDINANCES. 


Section  Page 

ANIMALS  RUNNING  AT  LARGE— Continued.'  102 

Dogs,  what  a  nuisance 28  '    110 

Dogs,  cliasing  pedestrians,  bicyclists,  etc., 20  106 

Dogs 20-32  106 

Dog  tax  paid  to  city  clerk 21  107 

Dog  license,  states  what 21  107 

Dogs,  what  not  protected  by  tag 21  107 

Dog  tags 21  107 

Duties,  dog  pound  keeper 23  lOS 

Fees  of  pound  master 9  104 

Female  dogs,  while  in  heat  at  large 20  106 

Hanscom  park,  dogs  in 31  110 

Herding  animals  on  public  street 2  102 

Herding  at  night 3  102 

Impounding  animals  found  in  park 32  111 

Notice  of  pound  master  sale S  103 

Obsti'ucting  pound  master 13  105 

Other  persons  may  impound 5  103 

Owner  of  animal  permitting  tresspass  in  park,  penalty  .  32  111 

Penalties  for  unlawful  keeping  of  dogs 26  109 

.  Person  leaving  animals  must  give  name 18  106 

Pound  master's  report 25  109 

Pound  master's  employes 18  106 

Pound  districts 19  106 

Pound  master  not  to  purchase 14  105 

Pound  master  record  book 15  105 

Pound  master's  report 15  105 

Pound  master,  duties  of 4  103 

Pound  master  establish  pound  at  own  expense 1  102 

Pound  master,  appointment  of 1  102 

Pound  master  file  description  pound 1  102 

Proceeds  of  sale 10  104 

Redemption  by  owner  and  terms  of 11  104 

Removal  of  tag,  penalty 27  110 

Rescuing  dogs,  obstructing  dog  pound  keeper,fpenalty  .  30  110 

Right  of  owner  in  proceeds  of  sale,  how  secured 16  105 

Running  at  large  of  animals 2  102 

Sale  of  animals  by  pound  master 8  103 

Time  for  impounding  dogs 22  107 

Tying  animals  on  public  or  private  grounds 2  102 

Unlicensed  dogs  at  large 20  106 

Unlawfully  driving  into  pound  district 7  103 

Vicious  dogs,  licensed  or  unlicensed '.  20  106 

ARTIFICIALSTONE  WALKS,  CONSTRUCTIGN^OF 112 

Bond ." 2  11.2 

License  for 2  112 

Penalty 3  112 


INDEX    TO    REVISED    ORDINANCES.  619 


ASPHALT  WALKS,  CONSTRUCTION  OF 

Bond 

License  for 

Penalty 


ATTORNEY,  CITY 

Assistant  citj-  attorney,  bond 

Assistant  city  attorney,  duties  of 

City  attorney,  defend  policeman 

Bond,  salary  of  citj-  attorney 

Duties  of  city  attornej^ 

Keep  docket  civil  cases 

AUCTIONS  AND  AUCTIONEERS 

Assistant,  allowed  when 

Bond 

License  fee 

License,  how  acquired 

License  required 

License,  revoked  for  what 

Means  of  advertising,  bells,  etc., 

Sale  without  license,  penalt}^ 

Sales  where  made 

When  no  license  required 

AUTOMOBILES 

Defined 

Fee  for  permit 

How  equipped,  brakes,  signals,  lights 

Identification  number  displayed  by  manufacturers  and 

sellers 

Identification  number 

Manufacturers  and  sellers  permit 

Operators  permit 

Penalty 

Permit 

Rate  of  speed 

Red  lijiht 


:tion 

Page 

112 

2 

112 

2 

112 

3 

112 

113 

5 

114 

6 

114 

2 

113 

4 

113 

1 

113 

3 

113 

115 

3 

116 

2 

115 

3 

116 

2 

115 

1 

115 

3 

116 

4 

116 

5 

116 

4 

116 

1 

115 

118 

1 

118 

2 

118 

4 

119 

8 

120 

5 

119 

8 

120 

7 

120 

9 

120 

1-2 

US 

3 

118 

() 

120 

BAKERY.  REGULATIONS. 

.Se.;  .-sanitary  regulations .    92-07  393 

BAGATELLE  TABLES. 

License  required,  bond,  minors,  penalty 

BALL  PLAYING  ON  STREET..  . 

BANK  OF  EARTH  AND  STAGNANT  WATER 

I'anks  of  cartli,  nuisam-c,. 

Banks  of  earth  to  be  removed,  penalty 

Duty  of  health  commissioner 

Ground  with  stagnant  water,  nuisance 

Lots  with  stagnant  water,  to  be  drained  ... 


88-91 

296 

86-87 

295 

122 

1 

122 

3 

122 

5 

123 

•  > 

122 

1 

122 

620  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

BANKRUPT  STOCKS  SALES  OF 121 

License 1-3  121 

License  fees 2  121 

Penalty 4  121 

BARBED  WIRE  FENCE 31  279 

BARBERS. 

llules  governing  shops 33  376 

BARBERS 124 

Annual  report  of  board 5  125 

Apprentices,  limitation  of 6  125 

Barbers  permit,  fee,  registration  book 6  125 

Barbers  prices,  excess  charges,  penalty 13  128 

Barber  school,  no  charge  allowed  for  student  work 6  125 

Barber  school,  sign  required,  apprentices  in 6  125 

Barber,  who  is 9  126 

Board  of  examiners,  who  constitutes,  bond,  vacancies  .  2  124 

Card  issued  by    board,  barber  to  post  same    7  126 

Certificate,  revocation  of,  grounds  for  hearing  on 8  126 

Compensation  of 4  124 

Funds  in  hands  of  board,  how  used 10  127 

Officers  of  board 3  124 

Penalty 11  127 

Recjuirements 1  124 

Rules  governing  barber  shops    12  127 

Special  meetings  of  board 4  124 

Time  and  place  of  board  meeting 3-4  124 

BARRICADES. 

Removal  of 71-72  291 

BEGGARS,  UNSIGHTLY 18  274 

BETTING  ON  GAMES    49  284 

BICYCLES 130 

Rate  of  speed   2  130 

Riding  on  sidewalks,  penalty 1  130 

BILL  POSTING 131 

Bond,  fee 2  131 

Business  signs,  not  affected    5  132 

Height  of  bill  boards 3  131 

License 1  131 

Obscene  signs 4  132 

Penalty -6  132 

Permit  for  erection 3  131 

BIRDS,  KILLING  OF 12  273 

BIRDS.  NESTS  OR  EGGS,  INJURING  OF   14  273 

BLANK  SHELLS 84-85  295 


INDEX    TO    REVISED    ORDINANCES.  •     621 

Section  Page 

BLOWING  RAILROAD  WHISTLES.  ETC..  UNNECESSARILY 99-100  299 

BOARD  OF  EDUCATION  QUARTERS  OF  133 

Care  of . . 1  I33 

Termination  of  ri^lit    i  ^33 

BOILERS— BOILER  INSPECTOR  134 

Appliances    for    boiler 21  141 

Appointment,  term  of  office 1  134 

Assistant  boiler  inspector,  insurance  companies  may  ap- 
ply for,  qualifiaction  of,  permit,  bond 18  140 

Assistant  boiler  inspector,  no  pay  from  city 18  140 

Board  establish  rules „ 8  138 

Board  meetings,  stationery,  special  meetings,  ciuorum  .  7  136 

Board  of  engineers,  qaulifications  of 4  134 

Board  pay  of,  bond,  meetings  of 19  141 

Boiler  in  private  residences,  inspection  of,  fees 16  140 

Boilers  operated  by  whom   13  139 

Boiler  used  night  and  day,  two  engineers    10  138 

Bond 3  134 

Certificates,  grades  of 8  137 

Certificate,  renewal  of,  fee 8  137 

Condemned  boilers,  how  marked 15  139 

Condemned  boilers,  use  of,  penalty 14-17  139 

Direct  pressure  from  water  mains,  prohibited  when.  ...  21  141 

Duties  of  boiler  inspector 5  134 

Engineers,  duties  of,  failure  to  discharge,  penalties 8  137 

Engineers  neglect,  penalty 20  141 

Engineer  notify  board  when  accepts  or  leaves  employ- 
ment, penalty 8  136 

Examination  by  board,  how  conducted 8  13  6 

Fees  and  fines,  disposition  of 24  142 

Fee  for  examination 8  137 

Inspection,  kinds  of  tests,  certificate,  fee 6  13.5 

Inspection  of  boilers,  fee 22  1  1 1 

Inspection  required,  failure  to  comply,  failure   11-12  1  3S 

Inspector,  quarterly  report 23  141 

Owners,  appeal  to  board  of  engineers 9  138 

Owner  deprived  of  services  of  certified  engineer 10  138 

Penalty 25  1  12 

Permit,  fee 11  1  :>s 

Posting  certificate  by  engineer,  penalty N  i;{(i 

Pressure  limited  by  certificate,  penalty  for  excess  .  II  1 ;!'.) 

Qualifications 2  1 31 

Keports  to  boiler  inspector S  136 

Unlawful  to  employ  unlicensed  engineer,  peii;dly 8  137 

BOULEVARDS. 

rnl;i\vfii!  ;icts  in 13  30S 

BREAD,  WEIGHT  OF.  13  2S2 


622  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

BREAKING  LAMP 33  279 

BUILDINGS 143 

Alteration  of  building 5  144 

Alteration  of  wall 6  145 

Apartment,  etc 24  151 

Application  for  permit,  contain  what 1  143 

Arches,  construction  of,  iron  ties  required 29  152 

Areas 68  166 

Awnings 85  171 

Awnings,  construction  of,  height  above  sidewalk 51  158 

Bay  window,  how  constructed 51  158 

Blocks,  how  constructed 24  151 

Boilers,  construction  of 40  156 

Boiler  room  in  public  building 40  156 

Brick  buildings,  foundations  of 13  147 

Brick  buildings,  requirements  in 53-54  159 

Brick  piers 33-34  153 

Brick,  uniformity  of,  penalty 86  172 

Buildings,   damages,  50  percent,   notice  to  owner,   hear- 
ing condemnation,   penalty 90-94  173 

Chimnej's,  construction  of 36-38  154 

Chimney,  dangerous,  notice  to  owner,  neglect  of,  penalty  45  157 

Coal  holes  and  vaults 69  166 

Copy  specifications  and  contract,  filed  when 2  143 

Cornices,  construction  of 32  153 

Cornices,  how  constructed 18  150 

Definition  of  terms 9  145 

Division  walls,  construction  of 26  152 

Elevator  shafts 58  164 

Excavations   on  land   adjoining  structure   of  another, 

notice  to  owner,  rights  of  owner 14  147 

External  walls 12  146 

Fences,  wooden,  penalty S3  171 

Fire  escapes 7  145 

Fire  escapes,  where  required,  how  constructed 56-57  160 

Fire  stops,  location  of 7  145 

Floors,  strength  of 41  '156 

Foundations,  construction  of,  material  used,  injury  to 

street,  repair  of 16  147 

Furnaces,  construction 47-48  157 

Gas,  manufacture  of,  buildings  for,  consent  of  propert}' 

owners 95-97  175 

Headers 42  157 

Health  commissioner  to  approve  plans,  penalty 88-89  172 

Hearths  and  grates 39  155 

Height  of  building 22  150 

Hot  air  or  steam  pipes,  location  of 7  145 

Horses,  hay  on  floor  with 61  164 


INDEX  TO  REVISED  ORDINANCES. 


623 


Section 


BUILDINGS— Continued. 


Hot  air  pipes,  location  of,  construction  of    

Internal  wgills,  how  constructed 

Inspector,  right  to  enter  premises 

Joists,  how  laid 

Lintels,  iron,  strength  of,  construction  of 

Lintels,  wood,  strength  of,  construction  of.  .  . 

Livery  stables,  construction  of 

Metal  columns 

Partitions,  how  placed 

Partition  walls,  thickness  of 

Party  walls,  how  constructed 

Party  walls 

Permit  to  erect  or  repair 

Penalty,  general 

Permit,  fees  for,  dispute  on  cost  of,  building,  procedure 

Permit,  revocation  of 

Pipes  from  furnace 

Plan  and  specifications  filed 

Public   buildings,  stairs    and  landings,  a^jproaches  and 
exits,  lights 

Roofs,  draining  of 

Smoke  pipe 

Smoke  pipes 

Stores,  how  constructed 

Streets,  names  of  on  corners 

Strength  of  material,  test  of 

Tail  beams 

Tanks,  for  storing  gas,  consent  of  property  owners .  .  . 

Temporary  support,  strength  of 

Theatres,  construction  of 70-' 

Theatres,  inspector's  certificate 

Thickness  of  walls 

Timbers,  cutting  of  without  permit 

Unsafe  buildings,  notice  of  condition,  removal  of,  penalty 

Un.safe  buildings,  notice  to  owners,  duty  of  owner,  duty- 
building  inspector,  assessment  on  property 

Use  of  streets  for  material,  application,  permit,  fee 

Use  of  street  for  material 

Walls,  anchors,  doors,  openings 

Walls,  composition  of,  construction    and    thickness  of, 
tables  

Walls,  construction  and  thickness  of. 

Walls,  height  of 

Woodwork  around  wall,  registers. 

Wooden  buildings,  cellars  and  timbers,  how  constructed 
Wooden  buildings,  outside  fire  limits,  how  located  ,ind 
constructed 


39 
21 

8 
43 
29 
28 
60-61 
35 
44 
25 
19-23 
12 

1 
87 

2 

4 

39 

3 

71-74 
54 

46-47 
39 
24 
84 
10 
42 

96-97 
50 
75-81 
82 
U 
49 
59 

59 
2 

1-2 
31 


30 

39 

(if)  (17 

65 


107 


Page 

143 

155 
150 
145 
157 
152 
152 
164 
154 
157 
151 
150 
146 
143 
172 
143 
144 
155 
144 

168 
159 
157 
155 
151 
171 
146 
157 
175 
158 
-168 
171 
146 
158 
164 

164 
143 
143 
153 

1  IS 
1  .■)2 
153 
155 
16() 

165 


624  INDEX    TO    REVISED    ORDINANCES. 

Section         Page 

BUILDINGS  IN  STREET  OR  ALLEY. 

Nuisance,  penalty 59-60  288 

BURGLARS'  TOOLS. 

Possession  of 9            271 

BYRON  REED  BEQUEST 176 

CEMETERIES 179 

Additional  cemeteries  in  limits,  unlawful 1            179 

Boundaries  of,  in  limits  enlarged,  unlawful 1            179 

Penalty 3            1 79 

I'nlawful  use  of  land  as  cemetery 2            179 

CEMETERIES. 

Fast  driving  in 95            298 

CESSPOOLS. 

For  regulations  of,  see  sanitary  regulations    108           397 

CHIEF  OF  POLICE. 

Furnish  warning  cards  to  fruit  venders 26            277 

CIGARETTES. 

Sale  of 96            298 

CIRCULARS. 

Unlawful  distril)ution  of 92            297 

CIRCUSES.  THEATRES  AND  SHOWS 180 

Chief  of  police,  duties  of 7            181 

Dog  and  pony  show,  fee -. 5            180 

Entertainment,  excepted 13            183 

Exhibition  withoiit  license,  penalty 12            182 

License 1            180 

License,  city  clerk  issue 8            181 

License  fees 2-4            180 

License  revoked,  when 11            182 

Mayor,  make  preliminary  contracts 14            183 

Receipt  for  license 8           181 

Show,  miscellaneous  fees 6            181 

Show  to  be  properly  conducted 11            182 

Tickets  limited 9            182 

Theatres,  license,  fee 10            182 

CITY  ABSTRACTS 184 

Appointment,  duties,  salar^^ 1-4            184 

CITY  ATTORNEY.     See  attorney. 

CITY  COUNCIL 186 

liegvdar  meetings  of,  when 1  186 

CLAIM  AGENT,  CITY 187 

Appointment,  duties,  salar}* 1-4            187 


185 

3 

185 

-2-6 

185 

3 

185 

6 

186 

1 

185 

5 

186 

4 

186 

INDEX    TO    REVISED    ORDIXAXCES.  625 

Section         Page 

CITY  CLERK 

Attest  documents,  fees    

City  clerk,  duties  of 

Custody  of  public  documents  and  seal 

Deputy  city  clerk 

Keep  journal,  council  proceedings 

Keep  license  record   

Notify  council  committees  of  business 

Submit    Ordinances,    etc.,  requiring  approval  of  mayor 

witliiu  48  hours 2  185 

CITY  PHYSICIAN 

Attend  fireman  and  policeman  without  charge 

CITY  TREASURER 

City  funds,  how  drawn  from  bank 

Deposit  funds  dailj^ 

Refunds  by  treasurer  prohibited 

Treasurer  daily  statement 

Treasurer  receipts  furnished  by  comptroller 

Treasurer  to  receive  credit  for  cancelled  taxes 

COAL  AND  COAL  DEALERS 

Certificate  of  weiglit  to  purchaser ' 

Duty  of  city  weighers  on  reweight    

Inspection  of    weights    and    measures,    duty    of    in  re- 
weighing 

License 

License  covers  office  and  one  yard  office 

License  fee 

Name  on  wagon  

Records  of  reweighing 

Report  of  reweightsto  comptroller 

Revocation  of  license 

Reweighing  certificate,  use  of 

Reweigliing  expense,  how  paid 

Underweight,  penalty 

COASTING 30  27f 

COMBUSTIBLES ]<)•. 

Chief  of  fire  department,  notice  to  \iolat()rs  of  tliis  cliap- 
ter 

Chief  of  police,  search  for  gun]M)\vder 

Coal  oil  and  products,  keeping    in  ijuantilics,  cxcccdiiig 
10  gallons,   except,  etc 

Coal  oil  and  products  keeping  on  street,  etc.,  to  exceed 
6  hours 

Coal  oil  tanks,  location  of,  construction  of,  liow  regu- 
lated, penalty  I - 

I'ire  proof  magazines.  . 


187 

1 

187 

196 

7 

198 

5 

197 

12 

200 

11 

199 

10 

199 

13 

200 

188 

3 

188 

7 

190 

6 

189 

1 

188 

2 

188 

2 

188 

5 

189 

7 

190 

7 

190 

2 

188 

7 

190 

3-4 

188 

8 

191 

8 

1 92 

(> 

193 

0 

191 

(1 

I'.M 

3 

191 

2 

192 

626 


INDEX    TO    REVISED    ORDINANCES. 


Section 

COMBUSTIBLES— Continued. 

Gunpowder,  amount  to  be    kept  and  how 3 

Gunpowder,  carrying  through  streets 4 

Gunpowder  kept,  sign  over  door 3 

Gunpowder,  no  sale  except  during  daylight 3 

Hay,  straw,  shavings,  etc.,  permitted  on  premises 7 

License  to  keep,  tax 1 

Penalty 5 

Storage  in  warehouses,  permit •     11 

COMPTROLLER  AND  TREASURER  

Comptroller  general  accountant  of  city,  duties 1-3 

Comptroller  keep  records  of  bonds  issued  by  city 1 

Comptroller  to  check  accounts  and  report 9 

Depositories,  dutj^  of 8 

Funds  of  city,  how  drawn  from  bank 7 

Keep  record  of  city's  property,  rents 4 

Refunds  of  taxes,  etc.,  prohibited  except,  etc 12 

Taxes  cancellation  of,  credit  to  treasurer 13 

Treasurer  cit}^  deposit  funds  daily 5 

Treasurer  daily  statement  to  comptroller 11 

Treasurer  prohibited  from  loaning  funds  of  city,  penalty  6 

Treasurer  receipts  furnished  by  comptroller,  record  of.  .  10 

CONCEALED  WEAPONS 10 

CORPORATE  LIMITS 

Described 1 

CURFEW   

Children  on  streets  after  certain  hours,  unlawful,  penalty  1 

Curfew  whistle    5 

Permitting  children  on  streets  after  certain  hours  un- 
lawful, penalty 2 

Police,  duties  of   3 

Police  judge,  duties  of 4 

DEFACING  BUILDINGS  AND    TREES 36 

DISTURBING  ASSEMBLAGES 6 

DISTURBING  PEACE. 

Penalty 1 

DISORDERLY  HOUSES 48 

DOG  FIGHTING    S 

DOVES,  TRAPPING  OF 12 

DRAIN  LAYING. 

Rules  for   

Drain  laying  rules,  application  of 2 

DRIVING  STOCK    

Boards,  designating  routes,  duty  of  engineer 8 


Page 

192 
192 
192 
192 
192 
193 
192 
192 
194 

196 
196 
196 
199 
199 
198 
197 
200 
200 
197 
199 
198 
199 

272 

201 
201 

204 
204 
205 

204 
204 
204 

280 

271 


269 
284 
271 
273 

334 
340 

206 
207 


INDEX  TO  REVISED  ORDINANCES. 


627 


Section 


DRIVING  STOCK— Continued. 

Penalty 

Route  between  Douglas  street  bridge  and  South  Omaha 
Route  between  South  Omaha  and  Douglas  street  bridge 

Route  north  to  Leavenworth  street    

Route  south  from  Leavenworth  street. .  '     

DRUNKENNESS 

DUMPING  ASHES 

ELECTIONS 

Ballot  box,  kept  locked 

Ballot  kept'by  city  clerk 

Canvass  of  votes 

Certificates  of  election 

Clerks,  duties  of 

Election,  how  conducted 

Judges  and  clerks,  oath  of 

Judges,  authority  of,  disobedience  of 

Messenger 

Officers  to  fill  vanancies,  qualif\-,  failure,  vacancy 

Poll  books,  certification  of   

Poll  books,  form  of,  manner  of  using 

Proclamation,  posting  same, 

Vacancies 

Vacancies,  how  filled 

Votes,  how  counted 

ELEVATORS 

Age  limit  of  operator 

Boiler    inspector,     authorize    representative  insurance 
company  to  examine 

Certificate,  operating  without,  penalty 

Changes  in  elevators,  notice  to  boiler  inspector   

Contracts    to   erect,   notice  to   boiler  inspector,    certifi- 
cate  

Defective  elevators,  notice  to  owners,  certificate 
required 

General  penalty 

Inspection  certificate,  fee    

Inspection,  record  

Notice  to  boiler  inspector  when    operator    excepts    or 
leaves  employment 

One   inspection   only  annually   wlien  insured   by    guar- 
antee company 

Power   elevators,    certificate    of    operator,    ai)prKiilion 
for,  fi'i',  cxpiralion. 

EMPLOYMENT  AGENCIES 

Application,  city  clerk  issue  license 
Booking  agency,  license,  penalty.  . 


3- 


•n 

Page 

206 

7 

206 

4 

206 

5 

207 

2 

206 

1 

206 

81 


269 
294 


20S 

5 

209 

8 

210 

10 

210 

10 

210 

7 

210 

5 

209 

2 

208 

9 

210 

8 

210 

12 

211 

7 

210 

4 

208 

1 

208 

3 

208 

11 

211 

6 

209 

212 

6 

214 

2 

212 

3 

213 

4 

214 

5 

214 

4 

21  1 

•) 

212 

1 

212 

() 

21  1 

212 

21  I 

2  If) 
2  1(1 
21^ 


62S  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

EMPLOYMENT  AGENCIES— Continued.  216 

Fees,  schedule,  posting  of 5  217 

License 1  216 

License  bond 3  216 

Record  of  names  and  charges,  inspection  of.  . 7  218 

Unlawfully  keeping  or  managing,  penalty 6  217 

Who  keeper  of 2  216 

EXCAVATING  LOTS 35  280 

EXPLOSIVES 105-107  300 

FAST  DRIVING 27  278 

FASTENING  TO  LAMP  POSTS  OR  HYDRANTS 33  279 

FENCES.  WOODEN. 

How    constructed,    unlawful     construction,    refusal     to 

move,  penalty 83  171 

FINES.  REMISSION  OF  BY  MAYOR - 219 

Costs  not  remitted,  except,  etc 1  219 

Discharge  of  prisoner 2  219 

Fines  remitted 1  219 

FIRE  ARMS,  FIRE  CRACKERS  AND  FIRE  WORKS 29  278 

FIRE  ARMS  TO  PERSONS  UNDER  EIGHTEEN 103-104  300 

FIRE  CRACKERS,  GIANT 83-85  295 

FIRE  HYDRANTS 220 

Fastening  horses  to 2  220 

Penalty. 3  220 

Unlawful  use  of 1-2  220 

FIRE  LIMITS 221 

Description  of 1  221 

Xo  wooden  buildings  except,  etc 2  221 

Penalty 4  222 

Storage  of  coal  and  lumlier 5  222 

Wooden  buildings,  removal  of,  damaged  50  per  cent..  .  3  222 

FIRE  AND  POLICE  COMMISSION 223 

Clerk  of,  appointment,  salary,  duties 1  223 

FIRE  PREVENTION  OF 223 

Inspection,  warrant  of  arrest 2  223 

Inflammable  material  in  cellars 1  223 

FIRE  REPORTER 224 

Permit  to  run 1  224 

FISH,  SALE  OF 225 

Fees  for  Ucen.se 2  225 

License  to  sell 1  225 

Penalty 3  225 


INDEX    TO    REVISED    ORDINANCES.  629 

Section         Page 

FRUIT  STANDS. 

Wariiinc  cards 26  277 

FUNERAL  PROCESSION 

Interfering  witli 101-102  300 

GAMBLING  AND  GAMBLING  DEVICES 50  284 

GAMBLING  HOUSE. 

Keeping  of 49  284 

GARBAGE. 

For  all  regulation  concerning  the  care,  keeping,  hauling, 
removal  of  garbage,  night  soil,  fees,  etc.,  see  sani- 
tarj'  regulations  in  index. 

GAS  INSPECTOR 

Appointment,  removal 

Bond,  salary 

Duties 

Examination  of  meters,  certificate 

Inspect  gas  works 

GAS   MANUFACTURING 

City  engineer,  duty  of,  in  removing  sewer  connections  . 

Penalty 

Sewer  connections  to  be  removed. 

Unlawful  to  discharge  gas  refuse  into  sewers 

HAND  BILLS 

HAULING  DIRT 

Deposit  of  monej^  by  hauler 

Duties  in  hauling,  kind  of  wagon,  cleaning  street,  cover- 
ing permanent  sidewalks 

Permit  fees,  based  on  quantity  to  be  hauled 

Permit  for 

Penalty 

Protection  of   city,    failure   of   hauler   to   clean   streets, 

cleaned  by  street  commissioner  from  liauler's  deposit  4  281 

HITCHING  POSTS  AND  RINGS 

Lot  owner  pnnidc  rings  or  posts 

Police  take  unhitched  animals,  prosecution  of  owners.  . 

Posts,  when  used,  height,  how  placed 

Rings  for  hitching,  how  placed 

Sidewalk  inspector,  duty  of,  owners  neglect,  penaltv 

Unlawful  hitching  places,  penally 

T'rdiitchcfl  horses 


227 

1 

227 

2 

227 

3-4 

227 

5 

229 

6 

229 

226 

2 

226 

3 

226 

2 

226 

1 

226 

40 

281 

230 

2 

230 

3 

231 

2 

230 

1 

230 

5 

232 

HORSES  ON  SIDEWALK. 


HOUSE  MOVING 

i')on<i 

IJuilding,  leaving  on  street  too  long. 


233 

1 

233 

( 

234 

3 

233 

2 

233 

4 

234 

6 

23  1 

ri 

■J  3  1 

s 

27S 

li 

23.") 
23.') 

1 

239 

630 


INDEX    TO    REVISED    ORDINANCES. 


Section  Page 

HOUSE  MOVING  -Continued.  235 

Buildings  moved,  etc.,  by  licensed  house  mover  only  .  .  1  235 

Building,  what  can  be  moved ■ 5  236 

License,  fee 2  235 

Penalty 12  239 

Permit,  fee ' 4  236 

Property  owners  assent  to  removal,  form  of 6  236 

Removal,  etc.,  special  permission,  fee 7  237 

Street  railway  crossing,  removal  poles  or  wires,  expense  9  238 

Wires,  removal   of,   deposit 10  239 

Wires,  removal  of,  notice,  expense 8  238 

HOUSES  OF  PROSTITUTION 47  283 

HOUSE  OF  PROSTITUTION. 

Suppression  of,  duty  of  chief  of  police 47  283 

ICE 240 

From  where,  not  to  be  taken,  penalty 1-2  240 

Health  commissioner,  duties  of 5  240 

Penalty 4  240 

Sample  ice,  test,  posting  by  health  commissioner 3  240 

ICE,  TEST  OF  63  385 

IMPROPER  DRESS 16  274 

INDECENT  CONDUCT 15  273 

INJURING  FENCES,  LAMP  POSTS,  ETC 41  282 

JUNK  DEALER 241 

Bond 3  241 

Business  in  one  place  only 7  243 

Defined 1  241 

License,  fees 2  241 

Minors,  not  purchase  from 6  243 

Not  purchase  certain  articles,  except  from 6  243 

Penalty 8  243 

Purchase  and  sale  record,  open  to  inspection 4  242 

Report  to  chief  of  police,  contains  what 5  242 

LARCENY .*  77  293 

LEAKAGE 

Dampening  cellar,  etc 64  289 

LEWD  LITERATURE 19  275 

LIBRARY 244 

Board,  powers  of,  appoint  librarian,  adopt  regulations.  6  245 

Board,  report  of,  contain  what   8  246 

Branches 15  247 

By-laws  of  board,  how  amended 9  246 

Directors,     quorum,     powers    and     duties,     control    of 

monies,  custody  of  buildings   4  244 


244 

11 

246 

1 

244 

14 

247 

3 

244 

7 

245 

10 

246 

12 

246 

2 

244 

13 

247 

5 

245 

INDEX    TO    REVISED    ORDINANCES.  631 

Section         Pago 
LIBRARY— Continued, 

Donations,  exempt 

Establishment 

Injuring  books,  etc.,  penalt}-   

Library  Board,  appointment,  term,  vacancies,  no  com- 
pensation, bond 

Library  free 

Penalties,  how  collected,  disposition  of 

Private  works,  deposit  of  in  library 

Public  librar}',  includes  what 

Receipts,  paid  to  city  treasurer 

Tax  levy  for  library  purposes 

LIBRARY. 

Byron  Reed  beciuest  and  acceptance    176 

LICENSES.DOING   BUSINESS  WITHOUT 

Auctioneer,  without  license  unlawful   

Coal  dealer,  without  license  unlawful 

Employment  agency,  -without  license  unlawful 

Xo  license,  certain  signs  on  vehicles  unlawful 

Penalty 

LICENSE  INSPECTOR 

Duties 

Oath,  bond,  salary 

Office  created,  appointment,  removal 

Special  policeman,  license  inspector  sluiU  be    

LIQUOR  LICENSE 

Adulterated  licjuors,   penalty,  evidence  of  chemist 

Application,  signatures  required,  bond 

Bond,  approval  of,  examination  of  surety 

Compliance  with  state  law  b\'  druggists 

Druggists,  permit,  fee 

Duties  chief  of  police,  report 

Election  day  and  Sunday,  penalty   

Hearing  on   remonstrance,  testimony,    appeals,     pro- 
cedure district  court . 

License,  amount  of 

License,   contents  of,  not  transferable,    revocation    of, 
form  of 

License,  how  issued 

License  required 

License,  term  of 

Mayor  may  forl)id  sale,  when,    how  long,  proclamation 
penalty 

Minor,  misrepresenting  age,  penalty  .  .  . 

Notice  of  application,  pultUcation 

Payment  license,  receipt 

Penalty  for  selling  to  certain  persona. . 


248 

1 

248 

1 

248 

1 

248 

2 

248 

3 

248 

249 

3 

249 

2 

249 

1 

249 

4 

250 

251 

16 

254 

5 

251 

6 

252 

20 

255 

19 

255 

23 

256 

17 

255 

11 

253 

J 

251 

12 

253 

•  ) 

251 

1 

251 

3 

251 

22 

25() 

1  1 

254 

!) 

253 

S 

252 

15 

254 

632  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

LIQUOR  LICENSE— Continued.  251 

Refusal  of  license,  when,  remonstrance  filed,  when   ....  10  253 

Sale  to  minor,  penalty 13  254 

Sale  without  license 18  255 

Saloon,  closed  when,  penalty 21  256 

Surety,  sign  one  bond  only,  except 7  252 

LIVERY  STABLES    257 

Consent  of  near-by   property  owners,  failure   to   obtain, 

nuisance,  penalty 1-3  257 

LITTERING  STREET 25  277 

LOITERERS 5  270 

LOTTERY 53  285 

LOTTERIES. 

Advertising  of 54  286 

LUNCH  WAGONS   258 

Classes  and  fees,    duration  of  license,    city  clerk  issue  ...  2  258 

License 1  258 

Peddler,  identification 3  258 

Peddler,  shall  have  no  assistant 3  258 

Penalty 4  259 

MARKET  AND  MARKET  HOUSES 260 

Duties  of  comptroller  and  market  master 11  262 

Grain,  hay  and  produce  market,  where  located    3  260 

Hay  market,  where  located    4  261 

Market  day  defined 7  261 

Market  house,  duty   of    market     master  to  locate     and 

erect 16  264 

Market  house  site 15  264 

Market  master,  appointment,  salary,  removal,  bond.    .  .  1  260 

Market  master  cause  stalls  to  be  measured 1  260 

Market  master,  have  charge  of  market  place 6  261 

Market  master  keep  markets  clean    and    in  sanitary 

condition 8  261 

Market  master,  special  policeman 2-14  260 

Privileges  of  stall  renters 12  263 

Regulation  of  market  places,  lease  of  stalls   by  market 

master    9  262 

Stalls,  how  marked  and  numbered   8  261 

Stalls,  how  used,  what  sales  unlawful,  penalty 13  263 

Stalls,  rental  of 10  262 

Wholesale  market,  where  located    5  261 

MENACING  THREATS    76  292 

MILK  REGULATION. 

Concerning  sale 54-62  382 


INDEX    TO    REVISED    ORDINANCES.  633 

Section  Page 

MILK,  VENDORS  OF    265 

Certificate,  change  in  business 1  265 

Drivers  certificate 2  266 

License,  application  for,  fees    1  265 

»        Not  transferable,  license,  certificate  3  267 

Tin  plate  on  wagons 4  267 

MISDEMEANORS 268 

Advertisements,  tearing  down. .  42  282 

Animals  at  large 37  281 

Animals,  cruelty  to    11  272 

Animals,  dangerous,  at  large 23  276 

Animals,    indecentU'  exhibiting 21  276 

Bagatelle  tables,  license  required,  bond,  minors  penalty.  88-91  296 

Ball  playing  on  streets 86-87  295 

Barbed  wire  fence 31  279 

Barricades,  removal  of 71-72  291 

Beggars,  unsightly 18  274 

Betting  on  games.  ..  49  284 

Birds,  killing  of 12  273 

Birds,  nests  or  eggs,  injuring  of.                                             .14  273 

Blanks  shells .  84-85  295 

Blowing  railroad  whistles,  etc.,  unnecessarily  .                    .99-100  299 

Bread,  weight  of 43  282 

Breaking  lamp 33  279 

Buildings  in  street  or  alley,  nuisance,  penalty  r)9-60  288 

Bui^lar's  tools,  possession  of 9  271 

Cemeteries,  fast  driving  in 95  298 

Cigarettes,  sale  of.  .....  .  96  298 

Circulars,  unlawful  distribution  of 92  279 

Concealed    weapons,  unlawful    to    carry,  except  officer, 

to  take  weapons 10  272 

Defacing  buildings  and  trees  36  280 

Disorderly  houses 48  284 

Disturbing  assemblages.  6  271 

Disturbing  peace 1  269 

Dog  fighting    .  .  8  271 

Drunkenness.  2  269 

Dumping  ashes.  Si  294 

Doves,  trappiTig  of.  13  273 

P^niploying  minor  child  to  sell  19  275 

Excavating  lots 35  280 

Explosives.   .  .                                                                           105-107  300 

Fast  driving 27  27S 

Fastening  to  lamp  posts  or  hydrants  33  279 

Fire  arms,  fire  crackers,  and  fire  works  29  278 

Fire  arms  to  persons  under  eighteen.                                    Itl3    Id  I  300 

Fire  crackers,  giant    83  S5  295 

Fruit  stands,  warning  cards.  26  277 


634  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

MISDEMEANORS— Continued.  268 

Funeral  processions,  interferring  with    101-102  300 

Gambling  and  gambling  devices 50  284 

Gambling  hovise,  keeping  of 49  284 

Hand  bills 40  2*1 

Horses  on  sidewalk 28  278 

Houses  of  prostitution 47  283 

Improper  dress 16  274 

Indecent  conduct 15  273 

Injuring  fences,  lamp  posts,  etc 41  282 

Inspection  of  plans,  fee 3  144 

Lewd  literature 19  275 

Loiterers 5  270 

Larceny 77  293 

Leakage,  dampening  cellers,   etc   04  289 

Littering  streets 25  277 

Lotteries,  advertising  of 54  286 

Lottery 53  285 

Menacing  threats 76  292 

Missiles,  throwing  of    75  292 

Nails,  glass,  etc.,  in  street 24  276 

Nuisances,   general  penalty 67  290 

Obstructing  gutters 44  282 

Obstructing  street 38  281 

Occupying  premises  without  permission 94  297 

Offensive   businesses   prohibited  in   and   near  city,   nui- 
sance, abatement  of,  protest  against 55-58  286 

Offensive  matters  in  street 61  288 

Opium  joint,  keeping  of    51  285 

Opium  joint,  smoking  in 52  285 

Ordinances,  destruction  of 93  297 

Overhanging  branches 34  280 

Owner  keep  street  clean  in  front  of  premises 74  291 

Patent  medicine,  throwing  in  yard llO-'lll  302 

Piles,  qualities  required 15  147 

Piling  material  on  streets 35  280 

Privies   62-63  289 

Prize  fighting 8  271 

Prostitutes 17  274 

Prostitution 108-109  301 

Refuse  in  street   73-98  291 

Sidewalk  obstructing  or  removing 82  294 

Signs,  posting  without  permission 80  293 

Signs,  nailing  of   39  281 

Slaughter  houses 56  287 

Slaughter    houses    and    similar    businessess    prohibited 

where,  protest  against 57-58  287 

Smokestacks 68-70  290 

Sod,  cutting  and  removing 45  282 


INDEX    TO    REVISED    ORDINANCES.  635 

Section  Page 

MISDEMEANORS— Continued.  268 

Stagnant  water 66  290 

Street  shows 22  276 

Sunday,  closing  stores 78-79  293 

Sweeping  sidewalk      front     business     building,      when 

unlawful 24  276 

Tainting  the  air 55  286 

Taking  dirt  out  of  street  without  permission 32  279 

Tenement  houses 62-64  165 

Tenements  unsanitary 65  289 

Three  card  monte  men    3  269 

Trespassing  on  private  grounds 46  283 

Unlawful  assembling 7  271 

Unlawful  assembling  duty  of  citizens  present  to  prevent  7  271 

Vagrants  and  swindlers 3-4  269 

Venereal  disease  literature   20  275 

Waste  paper  boxes,  use  of,  what  ext4uded 97-98  298 

Water  tight  leaders   55  159 

Missiles,  throwing  of    75  292 

MORPHINE  303 

Sale,  regulation  of,  penalty 1-2  303 

MUNICIPAL  YEAR 304 

All  licenses  terminate  with,  except,  etc 2  304 

When  begins 1  304 

NAILS,  GLASS,  ETC.,  IN  STREET 24  276 

NUISANCES.  GENERAL  PENALTY 67  290 

NUISANCES. 

See  sanitary  regulations 82-91  391 

OBSTRUCTING  GUTTERS 44  282 

OBSTRUCTING  STREETS 38  2.S1 

OCCUPYING  PREMISES  WITHOUT  PERMISSION 94  297 

OFFENSIVE  BUSINESSES. 

I'roliibitcd  ill  and  near  city,  nuisance,  abateineiil  of.  .  .  55-57  286 

OFFENSIVE  MATTERS  IN  STREET 61  288 

OFFICERS,  REMOVAL  OF  :505 

Cause  of  removal '  •'"•• 

Charges  preferred -'  ■^"■> 

Conduct  of  trial '  •<"<> 

Contempt  by  witness •'•  •^'••'> 

Removal  for  non-payment  of  deljl.s  <>  •'>••'' 

Removal  of  employes  ••  3()() 

Trial  procedure -  ■^"•* 

OPIUM  JOINT. 

iv,.,.,,; ,,,r  ,.c  51  2S5 


636  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

OPIUM  JOINT. 

Smoking  in 52  285 

ORDINANCES. 

Destruction  of 93  297 

OVERHANGING  BRANCHES 34  280 

OWNER  KEEP  STREET 

CleaXvT  in  Front  of  Premises 74  291 

PARK  COMMISSIONERS 311 

Duties  of  board 3  311 

Employees 4  312 

No  compensation,   quorum,  chairman 2  311 

Park  board 1  311 

PARKS 308 

Admission,  huckstering  in  Hanscom  Park 6  310 

Dancing  on  Sunday  in  park 9  310 

Hanscom  Park,  use  of 4  309 

Platform  and  stand  in  Hanscom  Park 5  309 

Police  in  charge 10  310 

Sale  of  liquors  in  Hanscom  Park 7  310 

Tying  animals  in  Hanscom  Park 8  310 

Unlawful  acts  in,  penalty 1-3  308 

PATENT  MEDICINE. 

Tlirowing  in  yard 110-111  302 

PAWN  BROKERS  AND  CHATTEL  LOAN  BROKERS 313 

Defer  sale  of  pawned  goods 6  314 

Defer  sale  of  purchased  goods 5  314 

Definition 1  313 

Description  of  purchases,  book  for 3  313 

License,  bond 2  313 

Penalty,  general 7  315 

Report  transactions  to  chief  of  police  daily 4  314 

Signs  not  allowed  without  license 8  315 

PEDDLERS 316 

Badge 3  317 

License 1  316 

License  fees 2  316 

Peddler  defined 1  316 

Penalty 4  317 

PILING  MATERIAL  ON  STREETS 35  280 

PLUMBERS 318 

Application  for  permit. 2  318 

Bond,  master  plumber 3  318 

Drain  laying  rules,  application  of 2  340 

Drain  laying,  rules  for 334 

Figures,  illustrative  of  plumbing 330-333 


INDEX    TO    REVISED    ORDINANCES.  637 

Section        Page 

PLUMBERS— Continued.  318 

General  penalty 3            340 

Minor  repair  work,  no  permit.  6            319 

Penalty 19            329 

Permits 1-3            318 

Permit  kept  on  premises 6            320 

Plumbing  inspector,  duties,  certificate,  imperfect  mater- 
ial, inspect  old  plumbing,  record  of  inspection.  .  .  .     11-lG  321 
Plumbing  inspector  prohibited  from  doing  outside  work  17            322 

Plumbing  work  defined '^            320 

Plumbing  work  ready  for  test,  notify  inspector.  .  .  7            320 

Register  of  plumbers 5            319 

Removal  of  place  of  business 4-5            319 

Revents 330-331 

Rules  for  construction  and  re-construction  of    plumbino; 

work    IS            323 

Special  permit,  application  for,  fee.  6            319 

Tests,  after  fixtures  connected.  .  .  10           321 

Tests,  water  and  air 9            320 

POLICE 341 

Abusing  prisoners,  penalty 9            343 

Bond  of  policeman 3            341 

Demand  assistance,  penalty 6            342 

Duties 5            342 

New  bond 4            341 

Obstructing  policeman 7            324 

Personating  policeman,  penalty.  .  8            343 

Sale  of  unclaimed  goods 1--            341 

Special  policeman 10           343 

Special     policeman,     appointed     by    request     witliout 

expense  to  city 

Special  policeman,  bonds  of 

Special  policeman,  oath  of 

Special  policeman,  powers,  removal.  .  . 

POLICE  COURT  CLERK 340 

Bond  and  salarv.  .  -            340 

Duties 

Office  created,  appointment,  removal.  . 
Report 

POLICE  JUDGE.  .  ^^^ 

Abstract  vote |            f^^-^ 

Council  to  canvass  returns.  .  •'           349 
County  clerk,  duties  of.  . 

Election  of 

Judges  and  clerk-  of  election,  <lutics  of. 


10-13  343 

11  344 

12  344 
14  345 


1  346 

1  34  G 

1  340 


1  34  S 

1  348 

3  3  IS 


POLICE. 

.\'ot   to  collect   fine,-;  Iroiii  jjrostitutc 


2S3 


638  •  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

PRISONERS 350 

City  engineer  designate  work 2  350 

Refractory  prisoners,  penalty 3  350 

Work  out  fine,  allowance 1  350 

PRIVIES 62-63  289 

PRIVY  VAULTS 

For  regulations  of  see  sanitary  regulations 108  "   397 

PRIZE  FIGHTING , 8  271 

PRODUCE,  SALE  OF 351 

License  and  persons  from  whom  license  not  required.  .  1  351 

License  fees 2  351 

Penalty 3  351 

PROSTITUTION 108-109  301 

PROSTITUTES 17  274 

RAILROADS 352 

iVcceptance  of  terms 6  353 

Charges 5  353 

City  electrician  place  arc  light  at  railway  and  street  cross- 
ing in  case  railroads  do  not,  assessment,  lien 14  357 

General  penalty 21  359 

Railroads   required   to   light   crossings,    the   roads    and 

crossing  designated 7  353 

Save  city  harmless 4  353 

Tracks,  how  constructed 3  352 

Use  of  streets 1  352 

Use  of  streets,  what  condition 2  352 

Watchman,  refusal  to  appoint,  how  provided  for 19-20  359 

REAL  ESTATE 360 

Appraisers,  duty  of 2  360 

Appraisers  of  city's  property,  fees 7  362 

Appropriation,  vacation,  appraisers,  appointment,  fees  of  9  362 

Assessment  of  damages,  report 3  361 

Change  of  grade,  appraisers,  oath,  hearing 1  360 

City  property,  appraisement,  committee  report 4  361 

Non-resident  owners,  notice  to 2  360 

Notice  to  property  owners,  contain  what,  served  how.  .  2  360 
Sale  city's  property,  application,  notice,  highest  bidder, 

rights  of  lessee 6  362 

Sales  and  leases  of  city's  property 5  361 

Warranty  deed 8  362 

REFUSE  IN  STREETS 73-98  291 

RUNNERS    364 

Badge  for  runners 5  365 

Deception  b}-  runners   4  365 


INDEX    TO    REVISED    ORDINANCES.  639 

Section         Page 

RUNNERS— Continued.  364 

License,  bond   2  364 

Notice  to  city   3  364 

Penalty 6  365 

Penalty 9  366 

Runners  defined 1  364 

Runners  for  mercantile  business  to  solicit  only  in  front 

of  premises  occupied  by  employer S  366 

Soliciting  business  on  street 7  365 

SANITARY  REGULATIONS 367 

Adulteration  of  soft  drinks 41  378 

Animals,  inspection  of,  notice  to  and  duty  of  meat  in- 
spector, fees,  duty  commissioner  of  health 43  379 

Assistants  to  health  commissioner 7  368 

Bakery  regulations,  water   closet,     infected   workman, 

duties  of  owner,  permit   92-96  393 

Barber  shop  rules 33-39  376 

Births,  original  certificate  of,  record 20  372 

Births,  report  of,  duty  phj'sician    and  mid-wifess 19  372 

Bovine  virus,  commissioner  of  health  to  keep  on  hand  .  15  371 

Breweries,  foul  or  offensive,  nuisance 99  395 

Burial  in  cases  of  contagion,  disinterment 26  374 

Carcasses,  exposure  of  a  nuisance,  duty  of  police,  duty 

of  commissioner  of  health,  cost  of  removal 72  387 

Cattle  to  be  kept  in  wholesome  places 80  390 

Cellars,  damp  by  reason  defective  hydrants,  etc.,  nuisance         84  391 

Cemetery,  report  on 28  375 

Certificate  of  death 22  373 

Cesspools,  contaminating  wells,  location  of  cesspools  112  399 

Cesspools,  none  allowed  unless  unavoidable Ill  398 

Cesspools  and  privy  vaults,  conditioned  filthy   113  399 

Cleaning  cesspools,  water     closets,     notice,     refusal     to 

clean,  penalty 3  402 

Commissioner  health,  serve  notice  of  nuisances,  abate-.. 

ment  of  nuisance,  expense  of 10(i  397 

Contagion  on  train,  duty  conductor,  duty   mayor  and 

commissioner  of  liealtli 

Contagion,  report  of 

Coroners,  report  on  intiuest 

Dangerous  buildings,  nuisance 

Dead  animals,  removal  of,  permit  rcfiuircd. 

Dead  body,  exposure  of 

Dead  body,  transportation  of.. 

Death  l)y  contagion,  attending  i)liysiciaii,  rcpori 

Diseased  ineats,  inspection  of 

Diseased  animals 

Disinfection  of  otTeiisiv(!  ni;it  tcr.... 

Distillery,  offensive  matter  Irdin,  imis.iiifc 


5 

3()8 

9 

3(J9 

23 

373 

102 

39 

()5-66 

385 

11 

371 

2.") 

373 

1.           6 

3()8 

12 

378 

l(l.-> 

39() 

1  IS 

100 

9S 

;?9-. 

640  INDEX    TO    REVISED    ORDINANCES. 

Section         Page 

SANITARY  REGULATIONS— Continued. 

Dog  pound,  regulation  of 

Dog  pound,  supervision  of 

Drains,  filthj^,  a  nuisance   

Dumping  ground,  commissioner  of  health  to  designate. 

Dumping  ground,  descriprtion  of 

Dumping  ground  location  of 

Dumping  ground,  use  of,  supervision  of,  conflicting 
ordinances 

Exposure  by  infected  person,  duty  of  disinfection 

Exposed  clothing 

Exposure  of  children. 

Garbage  defined 

Garbage,  how  kept 

Garbage,  how  hauled,  kind  of  wagon 

Garbage,  in  gutter  or  excavation 

Garbage,  not  to  be  thrown  into  cesspools,  etc 

Garbage,  night  soil,   etc.,  removal  of   65-6 

Garbage,  upsetting 

General  nuisance,  things  detrimental  to  health 

Glanders,  animals  to  be  killed 

Graves,  how  constructed,  cases  of  contagion 

Health  commissioner,  duty  of  in  epidemic 

Health  commissioner,  not  to  be  interferrecl  with 

Health  coinmissioner,  supervise  health,  prevent  con- 
tagion, quarantine  persons,  adopt  regulation   

Hotel  keepers  report 

Hydrophobia,  dogs  to  be  killed 

Ice  tested ■.      • 

Impure  food  and  drink 

Impure  well,  nuisance 

Infected  persons,  removal  of   

Infections  disease,  removal  of  patient 

Inspection  not  to  be  hindered   

License,  forfeiture  of 

License  for  hauling  refuse,  fee 

Managers  of  public  and  private  institutions,  report  on 
contagion 

Meats,  cooling  and  dripping  of 

Meat  inspector,  duties  of,   examine  stock  yards,  enter 

stores,  enter  stock  yards,  etc 45-48 

Meat  inspector  report   

Meat  of  animals  killed  too  young 

Milk  from  cows  diseased,  not  to  be  sold 

Milk  from  cows  fed  on  refuse,  etc.,  not  to  be  sold 

Milk  from  infected  cows 57 

Milk,    percentage  of  impurity 

Milk,  impure 

Milk  inspector,  appointment  of 


70 

389 

77 

389 

82 

391 

120 

400 

4 

402 

73 

388 

5-0 

403 

4 

368 

11 

370 

18 

372 

71 

387 

68 

380 

67 

380 

74 

388 

117 

400 

;-66 

385 

70 

387 

104 

390 

79 

390 

27 

374 

2 

307 

8 

309 

1 

307 

12 

370 

78 

389 

63 

385 

64 

385 

91 

393 

10 

370 

3 

307 

52 

381 

125 

401 

124 

401 

13 

370 

49 

385 

)-48 

379 

51 

381 

42 

378 

56 

382 

56 

382 

57 

383 

58 

383 

55 

382 

60 

383 

INDEX    TO    REVISED    ORDIXAM  LS.  641 


SANITARY  REGULATIONS— Continued. 

Milk  inspector,  when  to  ask  aid  of  veterinary  surgeon, 
report  of  milk  inspector 

Milk  receptacles,  inspection  of,  refusal  of  inspection  .  . 

Milk,  skimmed,  cans  to  be  marked. .  . 

Milk,  sour 

Notice  sanitaiy  rules,  duty  health  commissioner 

Nuisance  abatement  of,  expense,  notice 

Nuisances,  abatement  of,  supervision. 

Penalty  .  .  . 

Police,  duties  of. . 

Poultr\'  regulations    

Privies  in  dwelling  houses,  etc.,  permit  for 

Privy  vaults  and  cesspools,  removal  of  contents 

Privy  vault  or  cesspool,  use  discontinued,  how  filled. 

Privy  vaults  and  cesspools,  when  cleaned 

Privy  vaults,  how  constructed 

Privy  vaults,  location  of.  .   . 

Refrigerators,  how  kept ... 

Refuse,  depositing  on  street.  . 

Refuse  in  street 

Refuse  in  water.  . 

Register  of  deaths    

Registration,  ph\-sician  and  mid-wife 

Rendering  business  in  unclean  manner,  nuisance. 

School  vaccination 

Schools,  visited  by  commissioner  of  healtli 

Sewer,  choking  of 

Spitting  in  street  cars  or  public  buildings,  cuspidors 
to  be  provided 

Stale  fruit  and  vegetables.  .  . 

Stock  yards  erection  of  without  permission.  . 

Swimming  in  creeks,  befouling  water 

Tannery,  offensive  matter  from,  nuisance 

Teachers  duties,  in  matters  of  health 

Tenements,  unhealthy.  . 

Unclean  stables,  nuisance 

Undertaker,  permit  to  remove  corpse 

Unhealthy  substance  in  street 

Vaccinations  free  in  certain  cases,  certificates. 

Vaccinations  of  minors,  duty  of  parents  and  otlier.s. 

Vegetable  waste  a  nuisance 

Ventilation  of  privy  vaults  and  cesspools. 

Wall  paper  removal  of,  penalty 

Waste,  materials,  nuisance 

Water  closets,  adequate     provision     f'-r     in     i.mi.iimiiIs 

houses 

Water,  offen.sive,  nuisancf 
Weed.s,  nuisance 


tion 

Page 

367 

61 

384 

62 

384 

54 

382 

5<) 

383 

1  2;', 

401 

M 

390 

107 

397 

'_' 

402 

1  -J-' 

401 

.")() 

381 

Ill 

398 

115 

399 

119 

400 

116 

400 

109 

398 

110 

398 

44 

379 

69 

387 

1110 

396 

7.") 

388 

21 

372 

29 

375 

ss 

392 

■.n 

375 

■.V2 

376 

121 

401 

40 

377 

53 

382 

S9 

392 

m.s 

396 

9S 

395 

:;() 

375 

97 

395 

sr, 

391 

2  1 

373 

101 

396 

\i\ 

371 

17 

371 

s:? 

391 

1 1  1 

399 

7  s 

103 

S6 

3U1 

III. 

397 

'.Ml 

393 

S7 

392 

642 


INDEX    TO    REVISED    ORDINANCES. 


Section 

SCALES  IN  STREETS 

Location  of,  permission  property  owners  required,  bond  2 

Penalty "^ 

Scales,  how  constructed,  streets  excepted 3 

Street  scales,  located  where 1 

SEAL  OF  CITY 

Custody  of  clerk,  wlien  used 2 

Description  of 1 

Impress  on  ordinances 3 

Legalizing  ordinances 4 

SECOND  HAND  DEALERS 

Book  describing  purchases 3 

Defer  sale  of  goods  purchased 5 

Defined -'- 

License,  fees,  business  in  one  place  only 2 

Penalty ^ 

Report  to  chief  of  police "1 

SHOOTING  GALLERIES 

License,  fees,  penalty 1~3 

SHOWS. 

License  for 1~6 

SIDEWALKS 

Advertisements S 

Cleared  by  city,  tax 19 

Construction,  plans  and  specifications 2 

Costs  assessed  against  property 12 

Definition  of  terms 21 

City  engineer,  duty  of 7-10 

City  engineer  report  cost  to  council 13 

City  engineer  to  keep  record  of  construction 13 

Notice  to  property  owners 5 

Order  for 1 

Out  of  repair,  nuisance,  misdemeanor 11 

Penalty 1^ 

Penalty 1^ 

Permanent  and  wooden 3 

Persons  injured,  damages 20 

Proof  of  publication,  additional  notice 5 

Property  owner,  duty  of 6 

Sealed  bids ■'^ 

Snow  and  ice,  clearing  sidewalks  of 1" 

Special  tax,  city  clerk    deliver   ordinance  with  warrant 

to  treasurer I'l 

Repairs ^ 

Throwing  heavy  substance  on  sidewalk,  penalty 16 

Wooden  sidewalk,  when  may  be  constructed 4 


Page 

404 
404 
405 
404 

404 

406 
406 
406 
406 
406 

407 
407 
408 
407 
407 
409 
408 

410 
410 


180 

411 
415 
420 
412 
418 
421 
415 
418 
418 
413 
411 
417 
420 
419 
412 
421 
413 
415 
415 
419 

419 
416 
419 
413 


INDEX    TO    REVISED    ORDINANCES.  643 


SIDEWALKS. 

Obstructing  or  removitiu;. 


SIGNS. 

Posting  witliout  permission. 

SIGNS.  NAILING  OF 


SLAUGHTER  HOUSES 

Penalty  and  abatement 

Within  what  territory  a  nui.saiK'e 

Within  corporate  limits  of  1886,  prohil)ite(l . 


Section 

Page 

S2 

294 

SO 

293 

39 

281 

422 

3 

422 

1 

422 

2 

422 

SLAUGHTER  HOUSES .^fi  287 

SLAUGHTER  HOUSES  AND  SIMILAR  BUSINESSES. 

Proliibited  wiiere .57  287 

SLOT  MACHINES 

Application  for  license 

Clerk  to  issue 

Gambling 

License 

Merchandise  machine  only 

Minor  operating 

Pay  in  merchandise  only 

Penalty 

Penalty 


423 

o 

423 

3 

423 

4 

424 

1 

423 

6 

424 

8 

425 

7 

424 

9 

42.5 

.") 

124 

SMOKESTACKS 68-70  290 

SPITTING  ON  SIDEWALKS.  PUBLIC  CONVEYANCES 426 

Cuspidors I  426 

Penalty 3  426 

Public  buildings -'  ''-6 

Street  cars,  public  streets 1  1-6 

SOD. 

Cutting  and  removing I''  -•*^- 

SPECIAL  MEETING  OF  COUNCIL. 

How  called I  b^6 

SPITTING  IN  STREET  CARS. 

()r  public  buildings,  cuspidors  to  bo  provided.  .  10  .■)77 

STAGNANT  WATER.  <•<>  '-•'" 


l-js 


STATIONARY  ENGINES. 

Application  for  permit.  I 

Board,  duty  of •'  '-' 

Board  of  regulation -'  '-' 

Permits,  penalty,  e.\ceptions.  .  ••  '-"^ 

I'lilawful  above  first  floor,  jxTtiiil  rci|iiii<<l.  I  \'-i 


644  INDEX    TO    REVISED    ORDINANCES. 


Section         Page 


STREETS 429 

Alley  grades 62  451 

Applications  for  special  permit 24  437 

Applications  for  sewer  permit,  not  transfereable,  bond  .  21  435 

Application  to  disturb  street  surface,  bond 41-42  444 

Aprons,  permit  required,  bond 15-16  434 

Apron  permit,  discretionary  with  city  engineer 17  434 

Building,  numbers  on 11  432 

Building  permits,  issued  subject  to  street  permits  from 

city  engineer 55  449 

Boulevards,  for  light  driving  onlv,  except  at  crossings, 

penalty ' 57-58  450 

Cars  on  streets,  exception 3  429 

Certificate  city  treasurer  as  to   deposit,    cancellation  of 

license,  return  of  funds 22  436 

City  clerk  to  notify  railroads  to  place  light,  expense  of 

placing,  failure  of  company,  tax,  lien 

Curbing,    defacing    of,    entrance    to    private    grounds, 

permit  for 

Curb  line 

Dedication  of 

Deposits,   city    treasurer,  keep  account,  balance  returned 

Disturbing  street  unlawfullj',  penalty 

Driveways,  duty  citj'  engineer  to  notify  owners 

Excavations,  application  to  make 

Excavations    in    streets,    licensed     plumber  and   drain 

layer  make  deposit 

Excavations,    special  permit  for,  plans 

Franchise  corporation,  permit  without  payment 

Gas  and  water  pipes,  bonds,  permit 

Gas  pipes,  how  laid 

Grade,  base  line 

Gutters 

House  moving,  regulations  for,  on  boulevard 60-61 

Jefferson  Square,  use  of 

Leakage  of  water  or  gas,  notice  to  comjjanies;  in  conduit 

of  patrons,  procedure 

License 

License,  classes  of 

License  fee,  deposit,  bond 

License  for  sewer  work,  permit 

Names  of,  Change  of  Names;  see  Appendix. 
Numbering    and    naming     streets,     system     of,     names 

changed,  change    not    to  effect    grade,    duty     city 

engineer 

Obstructing  streets,  penalty 

Pavement  over  conduits   restored   by  city    at    costs   of 

owner 

Paving,  notice  of 


53 

449 

13 

433 

1 

429 

37 

443 

51 

448 

IS 

434 

1  ■ 

441 

22 

436 

23 

436 

43 

445 

29 

439 

26 

438 

12 

433 

14 

434 

-61 

450 

2 

429 

47 

446 

34 

442 

35 

442 

36 

442 

20 

435 

10 

430 

4 

430 

46 

446 

30 

440 

INDEX    TO    REVISED    ORDINANCES.  645 

Section         Page 

STREETS— Continued.  429 

Penalty 19            435 

Permit 33            442 

Permit  contains  what,  safeguards  to  public,  signals.  ...  55           449 
Permits  for  disturbing  street,  contain  what,  arrest  of 

person  disturbing  street  without  permit 50            448 

Permit  for  work  on  streets,  fee,  receipt 38           443 

Penalty  general.  56            449 

Poles  in  street.  .  .  .                                                                         63-64  452 

Police,  duty  to  protect  boulevard..  .  .  59            450 

Post  holes 46            446 

Railroad  arc    lights    at    intersections,    form    of    resolu- 
tion   65            452 

Rubbish  in  sewer 5            441 

Schedule  of  repair  prices.  .  49            447 

Sewer  connections 3            441 

Sewer  connections,  how  made 4            441 

Sewer  pipes,  how  laid 2            441 

Sewer  work,  character  of 39            444 

Sidewalks,    permit   to   construct,    application    for,    con- 
tents of. •">-            -l-^S 

Stop  boxes •^-            -1-11 

Street  names,  signs,  duty  of  owner,  corner  lot 67           453 

Street  railway  disturbing  street,  cost  of  replacing   certi- 
fied to  cit}'^  treasurer,  deposit 44           445 

Trees,  planting  on  public  ground,  except  permit  54            449 

Trenches,  how  constructed ••">            -I-IS 

Valve  or  meter  box,  construction  of.  .  1^            447 

Water  and  sewer  pipes -'            -^38 

Water    pipe,    bursting  of ,  neglect  to  repair,  assessment, 

lien 28            438 

Water  pipe  service.  .  -•'            ^•^' 

Work  on  streets,  permit.  .  .  in             in 

STREET  CARS  AND  STEAM  CARS.  .  i  jj 

Boys  on  steam  cars,  penalty,  duty  of  police  ufHcer 1-2            455 

Boys  on  street  cars,  penalty,  duty  of  police 3-4           455 

.   Street  cars,  alighting  from  in  motion,  person  under  15 

ycar.s,  penalty •'             '•'*' 

STREET  COMMISSIONER '  '" 

Appoint  clerk  and  time  keeper,  salary,  bond. 

Commissioners  duties 

Employees,  appointment  of,  suspension  of,  di.sdiargi'  of 

General  duties 

Macliinery,  care  of 

Office  created,  appointment,  salary. 
Record,  cost  of  work 

STREET.                                                        .  .,1-1 

.N.inie  of  on  corners,  liow  eon-strueted.  ^1 


1 

157 

5 

I5S 

6 

1 5S 

s 

1.59 

- 

I5<l 

.{ 

157 

•.) 

159 

646  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

STREET  SALES  AND  EXHIBITIONS 460 

Games,  license  for,  test  of  skill,  fee 6  461 

License  for  exhibition  or  sale  patent  articles,  etc.,  fees  5  461 
Licensed  wagon,  to  wliom  sales  may  be  made,  authority 

of  mayor 3  461 

Permission  of  property  owner 2  460 

Permit,  district  defined 1  460 

Street  stands,  must  not  obstruct  sidewalk 7  462 

Street  stands,  sale  fruit,   etc.,  license,   fee,   termination 

of  license 7  462 

Unlawful  street  sales,  penalty 4  461 

STREET  RAILWAYS 463 

Company  pave  between  rails 17  467 

Construction  car  line,     permission     city     engineer,     ex- 
ception   8  465 

Construction  car  line,  permit  for,  limitation 9  465 

Construction  car  line  to  be  continuous 10  465 

Construction  car  line,  commenced,  to  be  completed  be- 
fore   additional  permit 11  465 

Construction  car  line,   to  continue  actively,   unreason- 
able  suspension,   not   continuous     further   permits 

refused,  penalty 12-15  466 

Construction  on  paved  streets 18  468 

Crossing  tracts,  adjustment  of  wires 22  469 

Fare,  refusal  to  pay 3  463 

Molesting  or  obstructing  person  in  charge  of  car,  penaltj-  3-4  463 

Moving  buildings  on  tracks,  notice 2  463 

Obstructing  or  interfering  with  cars 2  463 

Paving,  how  done 19  468 

Payment    for    pavements    wlien    tracts    laid   on   paved 

streets 24  470 

Permit  to  lay  tracts  on  paved  streets 23  469 

Procession,   cars  not  to  cut  through,   notice  to  mayor, 

notice  to  company,  penalty 5-6  464 

Processions,  duty  police 7  464 

Rate  of  speed 1  463 

Restoring  street,  penalty 16  467 

Streets,  right  of  city  to,  duty  of  company,  penalty 20-21  468 

Tracks  laid  on  paved  streets,  rights  of  property  owners, 

special  fund 27  471 

Tracks  laid  on  paved  streets,  waiver  by  owners  of  abut- 
ting property 28  472 

Tracks  on  paved  streets,  cost  replace  pavement,  esti- 
mate by  city  engineer,  payment  of  estimate 25-26  471 

Unlawful  running  and  stopping  of  cars 1  463 

STREET  SHOWS 22  276 


INDEX    TO    REVISED    ORDIN-ANCES.  647 

Section         Page 
STREET  SPRINKLING  AND  OTHER  REGULATIONS 171 

General  penalty    

Hj^drants  from  which  water  to  be  taken,  board  desig- 
nate     

Paved  streets,  fires  on 

Paved  streets,  unlawful  to  mix  mortar  on 

Paved  streets,  unlawful  to  wash  wagon,     run  water  or 
refuse  matter  on 

Sprinkling,  how  to  be  done 

Under  care  of  fire  and  police  commissioners 

SUNDAY,  CLOSING  STORES 

SUPERINTENDENT  OF  CITY  HALL 

Appointment,  duties,  salary,  bond    

Designate  employes,  salaries  and  duties  of  same    

SUPPLIES  PURCHASED  BY  CITY 

Supplies,  claims  for,  clerk  to  register   

SURVEYORS 

Exception  as  to  county  surveyors 

General  penalty    

License  fee,  bond,  term 

License,  qualifications,  application   

Monthly  report 

Plats,  by  licensed  surveyors  only,  approved 

TAINTING  THE  AIR 

TAKING  DIRT  OUT  OF  STREET  WITHOUT  PERMISSION 


G 

4  7o 

1 

474 

5 

475 

4 

475 

3 

474 

2 

474 

1 

474 

;-79 

293 

477 

1-2 

477 

3 

477 

4  7(5 

1-3 

47G 

478 

4 

479 

5 

478 

3 

4  78 

1-2 

47S 

4 

478 

6 

479 

.55 

286 

32 

279 

480 

1 

480 

TAXES,  SET  OFF  AGAINST  CLAIMS 

Amount  deducted  from  warrant 

Taxes  due  the  city  set  off  against   claim    against       the 

city 1  480 

TELEGRAPH,  TELEPHONE  AND  ELECTRIC  WIRE 

Alterations 

Annual  inspection,  notice  to  owners,  failure  to  comply, 

penalty 

Cables,  where  used 

Certificate,  contents  of 

Charges  for  permit,  penaltj'' 

Cit}^  electrician,  office  created,    salary 

Conduits 

Connections 

Construction  subways 
Control  of  current 

Dailj'  record    

Dangerous  wires,  fire,  linemen  furnished. 

Defacing  poles,  penalty 

Distril)Uting  poles,  location  of 

Electric  light  wires,   crossing  otii<T   wirivs,   ln.w    Id.Mtcd 


481 

13 

485 

( 

\s:i 

•  )7 

193 

1 

ISJ 

1  1 

is;i 

2  1 

193 

.{() 

19  1 

s 

1S3 

12 

485 

.")'.l 

501 

37 

I'.H) 

648 


INDEX    TO    REVISED    ORDINANCES. 


Section  Page 

TELEGRAPH.  TELEPHONE  AND  ELECTRIC  WIRE— Continued.  481 

and  supported 47  498 

Electric  wire  not  to  interfere  with  other  wires   49  498 

Excavations,  permit,  application  for,  contents 5  482 

Failure  to  remove  wires,  penalty 50  499 

Fees  for  permit  or  certificate 10  483 

General  penalty    33  495 

How  placed " 25  493 

Inspection 3  481 

Installing  electric  wires,  notice  to  city  electrician 4  482 

Interfering  with  polls  and  wires,  penalty 52  499 

Interfering  wires,  duty  to  remove 49  498 

Limits 23  493 

Location 26  493 

Miscellaneous  wires,  plat 28-29  494 

Monthly  report,  to  city  electrician  bj'  dealers  in  com- 
mercial lighting  and  power 14  485 

Moving  buildings,  notice 56  500 

National  electrical  code,  adopted 19  492 

Penalty 17  486 

Penalty 42  497 

Penalty 57  500 

Plans  and  specifications 1-2  481 

Plans    and    specifications,     conduit  work    approval    by 

city  engineer 38  496 

Poles  to  be  painted,  failure,  penalty.  .              58  501 

Poles,  not  to  interfere  with  travel 55  500 

Poles,  subject  to  use  of  city 54  500 

Poles,  subject  to  use  of  other  companies 53  499 

Poles  on  street    20  492 

Poles,  placing  of,  duties  cit}^  electrician 6  482 

Provision  applicable  to  future  districts 41  497 

Regulations,  city  electrician  to  provide 15  486 

Removal  of  poles  . 9  483 

Rules,    applicable  to  future  districts 32  495 

Rules  for  wiring IS  487 

Subway  construction,  restoring  streets 39  496 

Svibway  construction,    not   to   be   interfere   with    other 

underground  work 40  497 

Time  limits  underground  conduits 36  496 

Underground  Avork  not  to  interfere  with  sewer,  etc.  ...  31  494 

Underground  wire,  district  time  limits 34  495 

Underground  wire  district,  boundary  of 35  495 

Wiring  for  commercial  purposes,   permit,  fee,  deposit, 

bond •• 16  489 

Wires  for  different  purposes  separated 46  498 

Wires   placing  of   to   aA'oid    interference,  under   control 

city  electrician 51  499 

Wire  underground   22  492 


INDEX    TO    REVISED    ORDINANCES.  649 

Section         Page 
TENEMENTS.  UNSANITARY 65  289 

THEATRES. 

License  for 10  182 

TICKET  BROKERS 

Bond 

Certificate  required,  penalty 

Definition 

Xon-transferable  tickets,  sale  of,  penalty,.. 

Not  solicit,  where 

License 

Penalty 

Schedule  describing  ticket  sold,  ticket  Iiroker  furnish. . 
Street  sale  unlawful 


TRANSIENT  DEALERS 

Valuation  determined   

Penalty 

Percentage  of  sale  to  be  paid  for  privilege.  . 

TRESPASSING  ON  PRIVATE  GROUND 

UNLAWFUL  ASSEMBLING 

VARIETY  SNOWS. 

Application  for  license 

Clairvoyants,  fee,  failure  to  take  out  a  license,  penalty. 

Failure  to  take  out  license,  penaltj^ 

License,  except.  ... 
License,  rates 

VAGRANT  AND  SWINDLERS 


VEHICLES. 

Articles  left  in  vehicles,  failure  to  return,  penalty 

Baggage,  charge  for 

Clerk  issue  license 

Drays,  carts,  etc.,  license  for 

Dravs,  carts,  etc. »  stands  for,  destination  oi 

Driver's  badge,  designation  of  vehicle 

Driver,  bond  of.  .  . 
Drivers,  duty  of.  . . 
Driver,  habits  of.  . 

Driver  intoxicated 

Driver's  license,  fees,  expiration,  transferal)le.  .  . 
Driver  remain  near  vehicle,  use  of  whip. 
Driver,  suspension  of  for  improper  conducl 
Driver  to  give  number  and  nam(!  of  owner. 

Driver  to  wear  badge 

Driving  vehicles  with  licen.se,  penalty 
Driving  without  licen.se., 
Exces.s  charges,  etc.,  penalty. 


502 

3 

502 

8 

503 

2 

502 

7 

503 

4 

503 

1 

502 

6 

503 

3 

502 

5 

503 

505 

2 

505 

3 

505 

1 

505 

40 

283 

7 

271 

506 

6 

507 

4-.5 

507 

3 

507 

1 

506 

2 

506 

3-4 

269 

508 

10 

513 

15 

512 

2 

508 

47 

522 

51 

524 

49 

523 

55 

524 

28 

516 

50 

525 

5S 

525 

57 

525 

11 

521 

59 

526 

•_'l 

515 

10 

510 

01 

526 

5;{ 

524 

52 

524 

650  INDEX    TO    REVISED    ORDINANCES. 

Section  Page 

VEHICLES— Continued.  508 

Excessive  fare,  penaltj'  for 20  514 

Failure  to  procure  license,  hacks,  etc.,  penalty 11  510 

Fair  grounds,  conveyances  to,  license,  penalt}- 46  522 

Fare  may  be  demanded  in  advance 21  514 

General  penalty 23  514 

Hotel  conveyances,  stands  at  night 45  522 

Hour  and  mile  rates,  detention 18  513 

Houses  of  ill  fame,  carrying  persons  to  without  request, 

penalty 3-1  517 

Imposing  on  passengers,  penalty 35  518 

Lamps,  numbers,  door  knobs 7  509 

License 1  508 

License,  clerk  to  issue,  fee,  bond 48  522 

License  fees  for  vehicles 12  511 

License  inspector,  keep  record  of  names,  applicants  for 

driver's  license,  etc., 60  526 

License  to  designate  number  of  vehicle 9  510 

License  transferable,  revocation,  bond 3-4  508 

License,  what  to  include 43  521 

Livery  stable  vehicles,  license  fee 13  511 

Misinforming  passengers,  false  representation,  penalty  .  .  37  518 
Not  entitled  to  fare  unless  number  and  rates  are  dis- 
played   19  513 

Not  to  board  train  or  act  as  porter 39  520 

Number  of  license  on  vehicle 6  509 

Omnibusses,  lamps,  numbers 8  510 

Police,  duties  of 33  517 

Qualification  of  drivers,  license 54  524 

Rate  of  speed -10  520 

Rates  of  charge  for  goods 50  523 

Rates  of  fare 14  511 

■Rates   of  fare   to   be   posted   in   vehicle,   etc.,   failure, 

penalty 1"  517 

Refusal  to  convey  passenger  or  baggage,  penalty 22  514 

Refusal  to  obey  police,  penalty 29  516 

Register  of  license 5  509 

Revocation  of  license,  penalty 44  521 

Sleighs 32  517 

Soliciting  passengers  or  baggage 42  521 

Stands,  board    of    fire  and  police  designate,  change  of 

stands,  number  of  carriages  at  stand 25-26-27  515 

Vehicles  keep  to  right,  penalty 38  518 

Vehicles  not  to  stand  side  by  side,  penalty 31  517 

Wrongful  stand,  making  of,  penalty 30  516 

VENEAREAL,  DISEASE  LITERATURE 20  275 


1 

o27 

5 

528 

4 

528 

2 

527 

4 

528 

3 

528 

6 

528 

529 

3 

529 

5 

529 

1 

529 

4 

529 

2 

529 

530 

1 

530 

INDEX    TO    REVISED    ORDINANCES.  651 

Section        Page 

VETERINARY  SURGEON  AND  MEAT  INSPECTOR 527 

Appointment,  qualifications 

Bond  and  salan^ 

Care  for  sick  horses  belonging  to  city 

Duties 

Duties  as  meat  inspector 

Obstructing,  in  discharge  of  duty,  penalty 

Report  to  health  commissioner 

VIADUCT 

Defacing  or  injuring  viaduct 

General  penalty 

Rate  of  speed 

Speed  on  Eleventh  street  viaduct 

Take  right  hand '.  .  .  . 

VOTING  PRECINCTS 

Boundaries  of , 

WALL  PAPER 

Removal  of  old,  failure  to  remove,  penalty 7-8  403 

WARDS,  BOUNDARIES  546 

Boundaries 1  51 G 

WASTE  PAPER  BOXES 

Use  of,  what  excluded 97-98  298 

WATER  CLOSETS 

For  regulation  of,  see  sanitary  regulations 108  397 

WEIGHERS 

Altering  certificate,  penalty 

Appointment,  persons  excepted 

Bond 

Certificate,  weight  of  vehicle, •  •  ■ 

Charges,  certificate 

Deputies 

False  certificate,  penalty 

Personating  weiglier,  false  sign,  penalty. 

Refusal  to  allow  inspection  of  register,  penalty 

Register  of  articles  weighed,  name  of  i)crsoii  for  wlioiu, 

gross  and  net  weight 

Register,  subject  to  inspection.  . 

Time  of  attending  scales 

Unauthorized  weiglier,  penalty.  . 

Weiglier,  duties  of 

Wi'iglicr  i)r()vi(l('  owii  scales,  kin<l  and  iinatinn  nt. 

WEIGHTS  AND  MEASURES 

Annual  inspection 

Fees   for  inspection,   cm  ploying  labor,   using  material, 
compensation  for.  . 


552 

12 

551 

1 

552 

2 

552 

9 

553 

7 

553 

5 

552 

11 

r..-.  1 

14 

55  4 

8 

553 

13 

551 

(') 

553 

10 

553 

4 

552 

3 

552 

555 

9 

557 

10 

."i.'m 

652  INDEX    TO    REVISED    ORDINANCES. 


WEIGHTS  AND  MEASURES— Continued. 

Fraudulent  measures 

Inspect  scales,  possession  unlawful  scales,  confiscation 

of,  penalt}- 

Inspector,  interference  with,  penalty 

Inspector,  not  act  as  agent 

Inspector  of,  duties 

Inspector  of,  salar}-,  bond 

Inspection,  refusal  of,  penaltj' 

Peddlers     itenerant,     inspection,     measures,     failure, 

penalty 

Peddlers,  unlawful  measure,  penalty 21-22 

Report  incorrect  scales 

Report  to  city  council 

Report  violations 

Register  weights 

Scales,  fraudulent,  penalty 

Spring  balance  scales,  penalty 

Standard  weights 

Unlawful  measures,  possession  of,  penalty 

Vacancy,  office  property 

Weight  and  measures,  inspection  of 

WITNESSES  BEFORE  COUNCIL 

Penalty 

Refusal  or  neglect  to  attend  or  notice 

Refusal  to  take  oath  or  testify 


ion 

Page 

555 

15 

559 

8 

556 

19 

560 

6 

556 

2 

555 

1 

555 

IS 

560 

14 

559 

22 

561 

7 

556 

4 

556 

5 

556 

3 

555 

17 

560 

20 

560 

12 

559 

16 

560 

11 

558 

13 

559 

562 

3 

562 

1 

562 

2 

562 

APPENDIX. 


NAMES  OF  STREETS 


TEE  FOLLOWIXG  TABLE  SHOWS    THE    STREETS,  THE  XAMES  OF  WHICH 

HAVE    BEEN  CHANGED  SINCE  THE  PLATTING  AND  THE  NAMES 

THAT  HAVE    BEEN    SUBSTITUTED,  TOGETHER  WITH 

NAMES   OF   NEW   STREETS. 


"A"   St.   changed  to  William  St.   (West  Side.) 

"A"  St.  changed  to  Frances  St.  (Eckerman  Place.) 

Adelaide  St.   changed  to  "B"   St.   (Fayette  Park.) 

Adelaide  St.  changed  to  37th  St.  (Madison  Square)  (Lincoln 
Place.) 

Agnes  St.  changed  to  "B"  St.  (Cottage  Park.) 
Ainsworth  St.  changed  to  Marcy  St.  (Housel  and  Stebbin's  Sub.) 
Albert  St.  changed  to  14th  St.  (Park  Forest  Add.) 
Alfred  St.  changed  to  Fowler  Ave.  (F.  Dellone's  Add.)^ 
Alice  St.  changed  to  Elm  St.  (Drexel's  Sub.) 
Ahce  St.  changed  to  41st  St.  (Highland  Place)  (Jerome  Park.) 
AHce  St.  changed  to  Frances  St.  (Howell  Place.) 
Allan  St.  changed  to  43rd  St.  (Kilby  Place.) 
Allan  St.  changed  to  53rd  Ave.  (2nd  Add  to  A\cst  Side.) 
Allen  St.  changed  to  2Sth  Ave.  (Allen's  Sub  of  Ragan's  Add.) 
Allen  St.  changed  to  32nd  (Dwight  and  Toyman's  Add.) 
Alley  in  Block  4  Campbell  Add  changed  to  Twentieth  Ave. 
Ambler  Ave.  changed  to  43rd  St.  (Ambler  Place.) 
Ames  Ave.  changed  to  Commercial  Ave.  from  Sherman  Ave. 
North-West. 

Ames  Ave.  changed  to  44th  Ave.  (Pratt's  Sub.) 

Arch  St.  changed  to  Parker  St.  (Parkers  Add.) 

Ash   Ave.    changed   to   40th   St.    (Omaha   Heights)    (^'ornon 
Heights.) 

Ash    St.  changed  to  41st  St.  (Central  I'ark.) 

"B"  St.   changed  to   .Marinda  St.   (Eckerman   Place.) 

"B"    St.  changed  to  Woolworth    Ave.  (West  Side)   (1st  Add 
to  West  Side.) 

Baker  Ave.  changed  to   Burdelte  St.  (Baker  Place.) 

Ballou  Ave.  changed  to  42nd  St.  (.\iiitjler  J'laee.) 

Baltimore  St.  cliaiiged  to  Hickory  St.  (lianscom   I'hice.) 


654  NAMES    OF     STREETS — CHANGES. 

Bancroft  St.  changed  to  South  East  Boulevard  from   7th   to 

nth  St. 

Barkalow  Ave.  changed  to  Vinton  St.  (Manhattan.) 

Barker  Ave.  changed  to  Fort  St.  (North  Omaha  Add.) 

Barker  St.  changed  to  Decatur  St.  (Orchard  Hill.) 

Bayard  St.  changed  to  51st  St.  (Patterson  Park)  (Manhattan.) 

Beane  St.  changed  to  Izard  St.  (Walnut  Hill.) 

Beckman  Ave.  changed  to  Browne  St.  (Baker's  Add.)  (Weiss 

Sub)  (Cherry  Hill)  (Seimssen  Place)  (Tipton  Place  Supp'l.)  (Gate 

City  Park)  (Selby  Heights.) 

Bell  Ave.  changed  to  53rd  St.  (West  Side)  (1st  Add.  to  West 

Side)    (Eldora)    (Brookline)    (Himebaugh   Add.)  (Himebaugh   and 

Patterson's   Sub.) 

Bellevue  St.  changed  to  24th  St.  (Wilcox  1st  and  2nd  Add.) 

(Shull's  1st  and  2nd  Add)  (Pennel's  Sub.) 

Belleview  Ave.  changed  to  24th  St.  (Sherman  Add.) 
Benson  Ave.   changed  to  Ames  Ave.   (North   Omaha  Add.) 
Birch  St.  changed  to  38th  St.  (Central  Park.) 
Bird  St.  changed  to  46th  St.  (Walnut  Hill.) 
*«Bismark  St.  ch^mged  to  Curtis  Ave.  (Hellman's.) 
Blackberry  St.  changed  to  2nd  St.  (N.  J.  Smith  Place.) 
Blackbird  St.  changed  to  47th  St.  (Baker  Place)  (Saunder's 

and  Himebaugh's  Add)   (Saunder's  and  Himebaugh's  to  Walnut 

Hill.) 

Blaine  St.  changed  to  Frederick  St.   (Redfield's  Add.)    (M. 

Donavan's  Sub.) 

Blaine  St.  changed  to  37th  St.  (Lyman   Place.) 

Bluff  St.  changed  to  2nd  St.  (Grandview.) 

Boggs  St.  changed  to  Newport  Ave.  (Hellman's.) 

BolHn  St.  changed  to  36th  St.  (Humbolt  Place)  (Moe's  Sub.) 

Boulevard  Ave.  South  changed  to  Boulevard  Street. 

Boulevard    Ave.    changed    to    45th    St.    (Creighton    Heights) 

(Chfton  Hill.) 

Boulevard  St.   changed  to  Central  Boulevard  from    15th  St. 

to  24th  St. 

Boulevard  changed  to  Florence  Boulevard  Ames  Ave.  north- 
ward. 

Brewster  St.  changed  to  4Sth  St.  (Saunder's  and  Himebaugh's) 

(Saunder's  and  Himebaugh's  Add  to  Walnut  Hill.) 
Briggs  Ave.  changed  to  46th  St.  (Brigg's  Place.) 
Bristol  St.  changed  to  Grover  St.  (Fayette  Park.) 
Brown  St.  changed  to  Browne  St.  (McEntee's  Add.) 
Brown  St.  changed  to  32nd  St.  (Lowe's  2d  Add.)  (Park  Place.) 
Brown  ell  St.  changed  to  34th  St.  (Oakhurst.) 


NAMES    OF     STREETS — CHAXGES.  655 

Buck  St.  changed  to  37th  St.  (Central  Park.) 
Burdette  St.  changed  to  Grant  St.  (Baker  Place.) 
Burr  St.  changed  to  49th  St.  (Shriver  Place.) 
Burt  St.  changed  to  Page  St.  (S.  of  King's  Add  and  N.  of  Block 
7  and  8  Poppleton  Park.) 

Burton  St.  changed  to  Martha  St.  (Windsor  Place.) 

Butler  St.  changed  to  30th  St.  (F.  Dellone's  Add)  (O'Brien's 
Add.) 

Butler  St.  changed  to  48th  St.  (Patterson's  Sub.) 

Butte  St.  changed  to  ''A"  Street,  (Cottage  Park.) 

''C"   Street   changed   to   Martha  St.   (Eckerman   Place.) 

_      ''C"  Street  changed  to  Pine  St.  (West  Side)  (1st  Add  to  West 
Side.) 

Cable  St.  changed  to  Jones  St.  (Leavenworth  Terrace.) 
Caldwell  St.  changed  to  Indiana  St.  (College  Place.) 
Calhoun  St.  changed  to  Boulevard  St.  (Mayne's  Add.) 
Cameron  St.  changed  to  Spencer  St.  (Gise's     Add.) 
Cameron  St.  changed  to  Spencer  St.  in  (Brevoort  Place.) 
Campbell  St.  changed  to  27th  St.  (Shinn's  Add  1st  and  2nd) 
(Patrick's  1st  and  2nd.) 

Canning  Ave.  changed  to  38th  St.  (Rust  andRverson's  Add.) 
(Louieville)  (Hillsdale.) 

Canning  Ave.  changed  to  39th  St.  (Newport.) 

Canton  St.  changed  to  "B"  Street  (Oak  Hill  No.  2.)  (Hazel 
Terrace.) 

Capitol  Ave.  changed  to  (Smith  Add)  vacated  by  ])lat  of  Kilby 
Place. 

Capitol  Mew  changed  to  Howard  St.  (Isaac  and  Seidell's  Add.) 

Caroline  St.  changed  to  37th  St.  (Howell  Place.) 

Caroline  St.  changed  to  49th  Ave.  (Manhattan.) 

Caroline  St.  changed  to  Browne  St.  (Win.  Hagedorn's  Add.) 

Carthage  St.  changed  to  41st  St.  (Kilby  Place.) 

Cassius  St.  changed  to  Binney  St.  (Gise's  Add.) 

Catherine  St.  changed  to  30th  Ave.  (Hanscom  Place.) 

Catherine  St.  N.  changed  to  Webster  Ave.  (Re-uuion  Add.) 

Center  Ave.  changed  to  39th  St.  (Omaha  Heights.) 

Center  St.  changed  to  27th  St.  (Nelson's  AM.) 

Center  St.  changed  to  Corby  St.  (Millard  and  {'aldwcH's  \iU\.) 

Center  St.  changed  to  Lincoln  Ave. 

Center  St.  changed  to  Lincoln  Ave.  River  W.  to  City   Limits. 

Chambers  St.  changed  to  45th  (Hverott  Place)  (I'nivn   Park 
1st  and  2nd.) 

Central  St.  changed  to  35tli  St.  (Isaac  ami  Scldrn's  .\ild.) 


656  NAMES    OF     STREETS — CHANGES. 

Chandler  St.  changed  to  Boulevard  St.  S.  (Melrose  Hill.) 
Charles  St.  changed  to  Oak  St.  (Kountz's  2nd  Add.) 
Charles  St.  changed  to  26th  Ave.  (Clark's  Add.) 
Charles  St.  changed  to  28th  Ave.  (Isaac  and  Selden's.) 
Chestnut  St.  changed  to  36th  St.  (Denman  Place.) 
Chestnut  St.  changed  to  Hickory  St.  (Grandview.) 
Christine  St.  changed  to  46th  Ave.  (Manhattan.) 
Church  St.  changed  to  Jones  St.  (Isaac  and  Selden'  Add.) 
Cherry  St.  changed  to  Center  St.  (Grandview)  now    Lincoln 

Ave. 

Chicago  Ave.  changed  to  28th  Ave.   (O'berne  and  Hoosick's 

Add.) 

Clara  St.  changed  to  Oak  St.   (Drexel's  Sub.) 

Cleveland  Ave.  changed  to  Spring  St.  (Patterson  Park.) 

Clinton  Ave.  changed  to  48th  St.  (Brigg's  Place.) 

Chnton  St.  changed  to  23rd  St.  (Wilcox  2nd  Add.) 

Clifton  St.  changed  to  Patrick  Ave.  (Chfton  Hill.) 

Cliff  St.  changed  to  1st  St.  (Mayne's  Add.) 

Coates   Ave.   changed  to.  "A"   St.   (Hazel  Terrace.) 

Coburn  St.  changed  to  Leavenworth  St.  (Isaac  and  Selden's 

Add.)  (Thornburg  Place.) 

Cochran  St.  changed  to  Spring  St.  (Melrose  Hill.) 
Coffman  St.  changed  to  Corby  St.  (A.  S.  Patrick's  Add.) 
Colfax  St.  changed  to  30th  St.  (Sub.  Div.  J.  I.  Redick's  Add.) 

(Bartlett's   Add.)   (Himebaugh  Place.) 

College  St.  changed  to  24th  St.  (McCandlish  Place)  (Hawe's 

Add.)  (Hickory  Place)  (Gise's  Add.) 

Colorado  St.  changed  to  25th  St.    (Hickory  Place)    (Marsh's 

Add.) 

•  Commercial  St.  changed  to  Ames    Ave.  (Oak  Chatham.) 
Conkling  Ave.  changed  to  53rd  Ave.  (Harmon's  Sub.) 
Conkling   St.   changed   to   36th  St.   (Lyman  Place.) 
Connell  St.  changed  to  26th  St.  (Oxford  Place.) 
Convent  St.  changed  to  24th  Ave.   (Thornell's  Add.) 
Cora  St.  changed  to  Bancroft  St.  (Drexel  and  Maul's  Sub.) 
Cortland  St.  changed  to  35th  St.  (Oakhurst.)" 
Cortland  St.   changed  to  27th  St.   (Ames  Place)   (St.  W.  of 

Rockford  Add.) 

County  Road  changed  to  Leavenworth  St.  (Himebaugh  Add.) 
County  Road  changed  to  5th  St.  (Mayne's  Add.) 
County  Road  changed  to  40th  St.  (Resorvoir  Add.) 
County  Road  changed  to  48th  St.  (Sheridan  Place.) 
County  Road  changed  to  51st  St.  (Bonfield.) 


NAMES    OF     STREETS CHANGES.  657 

County  Road  changed  to   Fort  St.   (Hilike's  Add.) 
County  Road  changed  to  Wright  St.  (Summit  Add.) 
County  Road  changed  to  Pine  St.  (Griffin  and  Smith's  Add.) 
Covert  St.  changed  to  39th  St.  (Wahuit  Hill)  (Mercer  Park) 

(Sherwood  Park.) 

Creighton  St.  changed  to  Erskine  St.  (Clifton  Hill.)    . 
Crook  St.  changed  to  31st  St.  (Hillside.) 
Cromwell  St.  changed  to  Miami  St.  (Omaha  ^^iew.) 
Cuming    Ave.    changed    to    39th    St.    (Louieville)    (Hillsdale) 

(Vernon  Heights.) 

Curmingham   St.    changed   to   52nd   St.    (West   Side)    (Hime- 

baugh  and   Patterson's   Sub.) 

CurlewLane  changed  to  Valley  St.(Hascairs  Add.  to  Okahoma) 
"D"  St.  changed  to  Hickory  St.  (West  Side  1st  and  2nd  Add.) 
Douglas  Ave.  changed  to   Boyd  St.   (Buell  Place)  (Waverly) 

(Harlem    T>ane)    (Tuttles    Sub.)    (Madison    Squ.)    (Loomis    Sub.) 

(Radford  Place)  (Lancaster  Place.) 

Dakota  St.   changed  to   Pinknev  St.  in  (Smith  and  William 

Add.) 

Dale  St.  changed  to  43rd  Ave.  (Walnut  Hill.) 
Davenport  St.  changed  to  Chicago  St.  (Stewart  Place.) 
Davenport  St.  changed  to  Half  Davenport  St.  (Kilby  Place.) 
Dayton  St.    changed  to  Maple  St.  (Denise's  Add.) 
Dearborn  St.   changed  to   1st  Ave.  (Mayne's  Add.) 
Delaware  St.  changed  to  Franklin  St.  (Parker's  Add.) 
Delaware  St.  changed  to  32nd  St.  (Hanscom  Place)  (Dundy's 

Sub.) 

Dell  St.  changed  to  Mason  St.  (Harmon's  Sub.) 

Delia  St.  changed  to  36th  St.  (Melrose  Hill.) 

Dellone  St.  changed  to  Meridith  Ave.  (F.  Dellone's  Add.) 

Devan  St.  changed  to  35th  Ave.  (Lyman  Place)  (Dwight  and 

Lyman's)    (Windsor  Place)    (Windsor  Place  Extension.) 
Dewey  St.  changed  to  41st  St.  (Walnut  Hill.) 
Dexter  Ave.  changed  to  44th  St.  (Prigg's  Place.) 
Dillon  Ave.  changed  to  43rd  St.  (Poppleton  Park.) 
Division  St.  changed  to  Emile  St.  (Potter's  Add.)  (N'andercook 

Terrace.) 

Division  St.  changed  to  25th  Ave.  (Armstrong's  1st)  (Nelson's 

Add.) 

Division  St.  changed  to  Pop])lctoii  Ave.  (Credit  I'oiicicr.) 
Dodge  St.   changed  to     Smitii's  aii<l    rc-loc;itc<l    by    Plats   of 

Kilby    Place    and    Jerome    Park. 

Dodge  St.  changed  to  designated  as   Hoidevanl    (  lOtli    to  eity 

Limits.) 


658  NAMES    OF     STREETS — CHANGES. 

Dominion  St.  changed  to  "D"  Street.  (Van  Camp's  Add.) 
Donecken  St.  changed  to  45th  St.  (Donecken's  Add.) 
Dorcas  St.  changed  to  Ed  Creighton  Ave.  (from  27th  to  32nd 

Ave.) 

■    Drake  St.  changed  to  Ohio  St.  (Omaha  View.) 
Duane  St.  changed  to  31st  St.  (Hanscom  Park.) 
Dwight  St.  changed  to  Burdette  St.  (Pelham  Place.) 
■     Dwight  St.  changed  to  30th  St.  (Dwight  and  Lyman's  Add.) 

(Dupont  Place.) 

Dye  St.  changed  to  26th  Ave.  (Ames  Place.) 
Dutton  St.  changed' to  34th  St.  (Lowe's  2nd  Add.) 
"E"  Street  changed  to  Walnut  St.  (West  Side.) 
"E"  Street  changed  to  Homer  St.  in  Park    Forrest,    River- 
view  and    Van  Camp  alley  North  of  Mason  St. 

Eagle  St.  changed  to  21st  St.  (Wilcox  2nd  Add.) 

East  Ave.  changed  to  48th  St.   (West  Side)   (Shriver  Place) 

(Thornton  Place.) 

East  Ave.  changed  to  22nd  St.  (Shull's  1st  and  2nd  Add.) 
East  Grove  St.  changed  to  33rd  St.  (Oakhurst)   (Isaac  and 

Selden's    Add.)    (W.    A.    Redick's    Add.) 

Eastern  Ave.  changed  to  48th  St.  (Hartford  Place.) 
Edgar  St.  changed  to  51st  St.  (Bonfield)  (Fayette  Park.) 
Egbert  Ave.   changed  to  41st  St.   (Poppleton  Park)   (Laveta 

Place.) 

ElHott  St.  changed  to.  26th  St.  (Isabel.) 

Eleventh  St.  changed  to  S.  E.  Boulevard — From  alley  North 

of  Mason  to  Bancroft. 

EUzabeth  St.   changed  to  46th  St.   (West  Cuming)   (Lincoln 

Place.) 

Elizabeth  St.  changed  to  35th  Ave.  (Oakhurst) 

Elk  St.  changed  to  Seward  St.  (Saunder's  and  Himebaugh's 

Add.) 

Ella  St.  changed  to  Spring  St.  (Summit  Add.)  (O'Berne  and 

Hoosick's  Add.) 

Elm  St.  changed  to  40th  (Central  Park.) 

Elm  St.   changed  to   Ohio  St.   (Millard  and  Caldwell's  Add) 

(Lake's  Add.) 

Elm  St.  changed  to  Center  St.  (Credit  Foncier)  now  Lincoln 

Ave. 

Elmer  St.  changed  to  "E"  Street  (Riverview  Park.) 

Emma  St.  changed  to  36th  Ave.  (Howell  Place.) 

Emory  St.  changed  to  42nd  St.  (Potter's  Add)  (Vandercook 

Terrace.) 

Emory  St.  changed  to  37th  St.  (Melrose  Hill.) 


NAMES    OF     STREETS — CHAXGES.  659 

Endicott  St.  changed  to  54th  St.  (Patterson  Park.) 

Ernst  St.  changed  to  Wakely  St.  (Lincohi  Place.) 

Essex  St.   changed  to   Sprague  St.   (Meyer's,   Richard's  and 
Tilden's.) 

EucHd  Ave.  changed  to  31st  St.  (Himebaugh's  Place.) 
Euclid  St.  changed  to  31st  St.  (Bartlett's  Add.) 
Eureka  St.  changed  to  45th  St.  (Walnut  Hill)  (Saunder's  and 
Himebaugh's  Add  to  Walnut  Hill.) 

Eutopia  Ave.  changed  to  Bauman  St.  (Valentine  Terrace.) 

nth  Street  changed  to  10th  St.  (Van  Camp's  Add.) 

8th  Avenue  changed  to  46th  St.  (Ambler  Place.) 

Fairview  St.  changed  to  26th  St.  (Griffin  and  Isaac's  Add) 
(Clarks  Add.) 

Faragut  St.  changed  to  Half  Howard  St.  now  Dewev    Ave. 
(J.  I.  Redick's  Add.) 

Faragut  St.  changed  to  Leavenworth  St.  (W.  A.  Redick's  Add.) 

Farnham  St.  changed  to  36th  St.  (Smith's  Add.) 

Farnam  St.  changed  to  Half  Howard  St.  (Isaac's  and  Selden's 

Addition)  (West  Omaha)  and  (McCormick"s2nd),  now  Dewe}'  Ave. 
Florence  Ave.  changed  to  20th  St.  (Millard  and  Caldwell's  Add.) 
Florence  Ave.   changed  to  42nd  St.   (Baker  Place)  (Tuttle's 

Sub)    (Vernon   Heights)    (Irene  Place)    (Kempton    Heights)    (La- 

fa3^ette  Park)  (Omaha  Heights)  (Cote  Brilhant)  (Barkalow's  Sub.) 
Florence  St.  changed  to  42nd  St.  (Institute  Place)  (1st  Add  to 

Inst.    PI.)    (Arnold   Park.) 

Florence  St.  changed  to  Spring  St.  (Pratt's  Sub.) 

Fontanelle  St.  changed  to  46th  Ave.  (Sheridan  Place)  (East 
Side.) 

Ford  St.  changed  to  Laramore  Ave.  (Yates  and  Hemples.) 
Forest  St.   changed    to  21st  Ave.    (Preston    and    William's 
Add.) 

Forest  St.  changed  to  Grant  St.  (Idlewild.) 
Fort  St.  changed  to  Frances  St.  (Ambler  Place.) 
Fortv-first  St.  changed  to  Forty-second  St.  in  Block  22  (Or- 
chard Hill.) 

Foster  Ave.  changed  to  Grant  St.  (Idlewild.) 
French  St.  changed  to  39th  Street  (LoomisSub)  (Tuttle's  Sub.) 
(Lakeview.) 

1st  Street  changed  to  47th  St.  (Hartford  Place.) 
1st  Street  changed  to  Jackson  St.  (West  Omaha.) 
1st  Street  changed  to  52nd  St.  (Eckerman  Place.) 
4th  Street  changed  to  45th  Ave.  (Hartford  Place.) 

4th    Street    changed    to    Marcy    St.    (West    Omaha)    (Cherry 
Garden)  (Thornburg  Place)  (Leavenworth  Jiusiness  Place.) 


660  NAMES    OF     STREETS — CHANGES. 

4th  Avenue  changed  to  Camden  Ave.  (Central  Park)  (Gate  City 

Park)  (Irene  Place)  (Willis  Park  Place)  (Andrew's  and  Benson's 

Add)  (Baker's  Add.) 

5th  Street  changed  to  4th  Avenue  (Anisfield.) 

5th  Street  changed  to  Fort  St.  (Weiss  Sub.) 

5th   Street    changed    to    Mason    Street    (Thornburg    Place) 

(Leavenworth  Business  Place)  (West  Omaha.) 

5th  Avenue  changed  to  4th  Ave.  (Rasper's  Add.) 
5th  Avenue  changed  to  44th  St.  (Ambler  Place.) 
5th  Avenue  changed  to  Fort  St.  (Gate  City  Park)  (Central 

Park)  (Irene  Place.) 

14th  Street  changed  to  14th  Ave.  (Re-Union  Add)  (Sherman 

Ave.  Park)  (^lorse  and  Bruner's  Add.) 

14th  Street  changed  to  13th  St.  (Hellman's  Add.) 
40th  Street  changed  to  41st  St.  (Hitchcock's  Add.) 
41st  Street  changed  to  48th  St.  (Brevoort  Place.) 
41st  Street  changed  to  42nd  St.  (Creighton  Heights)  (Hitch- 
cock's Add)  (Clifton  Hill.) 

43rd  Street  changed  to  42nd  St.  (Balph  Place.) 

44th  Avenue  changed  to  44th  St.  (Ralph  Place.) 

46th  Street  changed  to  42nd  St.  (Comer  Place)  (Leavenworth 

Terrace.) 

47th  Street  changed  to  43rd  St.  (Comer  Place)  (Leavenworth 

Terrace.) 

48th  Street  changed  to  44th  St.  (Comer  Place) 
49th  Street  changed  to  41st  Ave.  (King's  Add.) 
49th  Street  changed  to  45th  St.  (Comer  Place.) 
Funston  Ave.  from  S.  E.  Ave.  to  Boulevard  Street. 
Garfield    St.    changed    to   43rd    (Irene    Place)    (Tipon    Place 

Supp'y)  (Gate  City  Park.) 

Garfield  St.  changed  to  45th  St.  (Silby  Heights.) 

Garfield  St.  changed  to  Fort  St.  (Seymour  Add.) 

Garlich  St.  changed  to  Franklin  St.  (Orchard  Hill.) 

George  St.  changed  to  19th  Ave.  (Hartman's  Add.) 

George  St.  changed  to  Izard  St.  (Walnut  Hill.) 

George  St.  changed  to  36th  St.  (Newport.) 

Georgia  Ave.  changed  to  29th  St.  (Hanscom    Place)    (Clark 

Place)    (Burr   Oak)    (Ree's    Place)  (Sub.   Div.  of    J.  I.  Redick's 

Add.) 

Gibbon  Ave.  changed  to  44th  St.  (Fayette  Park)  (Cote  Brilli- 

ante.) 

Gilbert  St.  changed  to  38th  St.  (Lakeview)  (Lancaster  Place) 

(Moe's  Sub)  (Tuttle's  Sub.) 

Goodwill  Ave.  changed  to  Grand  Ave.  (Yate's  and  Hemple's.) 


NAMES    OF     STREETS — CHANGES.  661 

Goodwill  St.  changed  to  48th  St.  (Fayette  Park.) 
Goodwill  St.  changed  to  Grand  Ave.  (Wm.  Hagedorn's  Add) 
(Patrick's  Saratoga.) 

Goos  Ave.  changed  to  Boulevard  St.(Thomason  and  Goos  Add.) 
Goos  St.  changed  to  Boulevard  St.  (Summit  Add.) 
Grace  St.  changed  to  Grover  St.  (Pratt's  Sub.) 
Grand  Ave.  changed  to  36th  St.  (Omaha  Heights.) 
Grand  St.  changed  to  Decatur  St.  (Parker's  Add.) 
Grandview  Ave.  changed  to  Redick's  Ave.  (Vernon  Heights.) 
Grant  Ave.  changed  to  Grand  Ave.  (1st  Add  to  Central  Park) 

(Central  Park)  (Pruyn  Park)  (Tipton  Place  Supp'y)  (Ludwig  Place.) 
Grant  St.  changed  to  Erskine  St.  (Baker  Place.) 
Gregg  St.  changed  to  Manderson  St.  (Myer's  Richard's  and 

Tilden's  Add)  (Druid  Hill)  (L.  P.  Hammond's  Add.) 

Green  St.  changed  to  Boulevard  St.  (Murray's  Add.) 

Green  St.  changed  to  Vinton  St.  (Vinton  Place)  (Sherman's) 

(Wilcox  1st  and  2nd  Add.) 

Groff  Ave.  changed  to  42nd  St.  (Pratt's  Sub.) 

Groff  St.  changed  to  42nd  St.  (Sherman  Heights)  (Thomas  and 

Sears)  (Fosdyke  Place)  (Greenwood.) 

Grove  St.  changed  to  38th  Ave.  (Smith's  Add)  (West  Omaha) 

(Kilby  Place)  (Parmenter  Place)  (Barkalow  Place)  (Higland  Place) 

(Jerome  Park)   (Crescent  Park)   (Knight's  Sub.) 

Grover  St.  changed  to  Valley  St.  (Cleveland  Place.) 

Half  Howard  St.   changed  to   Dewey  Ave. 

Hagedorn  St.  chai.ged  to  Fort  St.  (Wm  Hagedorn's  Add.) 

Halerin  St.   changed  to  5th  St.  (Mayne's  Add.) 

Hancock  St.  changed  to  Atlas  St.  (Park  Forest.) 

Hanibal    St.    changed  to  35th    St.    (Lowes    2nd    Add.) 

Hanover  St.   changed  to  43rd  St.  (Creighton  Hoiglits)   (Clif- 
ton  Hill.) 

Harris  St.  changed  to  Marcy  St.  (Shriver  Place.) 

Harvard  St.  changed  to  Saratoga  St.  (Oxford  Place)  (Waverly 
Sub.)    (Lessentine's    Saratoga.) 

Part  of  Hawthorne  Ave.  changed  to  Nicholas  St.  (Sub    Div 
Block   "A",   Reservoir  Add.)   (Bemis   Park.) 

Hawver  St.   changed  to  49th  Ave.  (Fayette   Park.) 

Hazel  St.  changed  to  Arbor  St.  (Wilcox  Add.) 

Hefferlin  St.    changed    to    2iid    St.    (Mayne's    Add.) 

Hendrick's  Ave.  changed  to  Grover  St.  (Patterson   Park.) 

Herron  St.  changed  to  37th  Ave.  (Cherry  Garden.) 

Highland  St.  changed  to  15th  St.  (Milhird  and  Caldwell  Add.) 

Hill  St.  changed  to  49th  St.  (Shriver   riacc)  (West  Si(h'.) 


662  NAMES    OF     STREETS — CHANGES. 

Hill  8t.  changed  to  34th  St.   (Omaha  View.) 
Himebaugh  St.   changed  to  51st  St.   (Himebaugh  and   Pat- 
terson's   Sub.) 

Hollts  St.   changed  to  46th  St.   (1st  Add.  to  Central  Park) 

(Cherry   Hill.) 

Howard  St.  changed  to  47th  St.  (Fairview.) 

Howard    St.  changed    to  Half    Howard    St.  now  Dewey  Ave. 

(Clark's    Add.)  (Sub.   Div.  of  J.  I.  Redick's  Add.)  (E.  1-2  Blocks 

10  and  11,  Sub.  Div.    of    J.    I.    Redick's    Add.) 
Howe  Ave.  changed  to  37th  St.  (Melrose  Hill.) 
Hurford  St.   changed  to   Howard   St.   ((Jak   Knoll.) 
Hunt  St.   changed  to   32nd   Ave.   (Dwight  and  Lyman's.) 
Hunter   Ave.    changed   to    Kansas    Ave.    (Newport)    (Omaha 

Heights.) 

Huntington    St.    changed    to    41st   St.    (Lakeview    1st   Add.) 

(Grave's  Park)   (Radford's  Heights.) 

Hull  St.  changed  to  Howard  St.  (Sub.  of  J.  I.  Redick's  Add.) 

Idaho   St.    changed  to   27th  Ave.   (Nelson's.) 

Ilean  St.  changed  to  Ft.   Omaha  Ave.  (Valley  Place.) 

Institute  P>oulevard     changed  to  42nd  St.   (Walnut  Hill.) 

lone  St.  changed  to  Castellar  St.  (Ambler  Place.) 

Irene  St.  changed  to  28th  St.  (Shinn's  2nd  and  3rd.) 

Irey  Ave.  changed  to  Grand  Ave.  (North  Omaha  Add.) 

Irey  St.  changed  to  Frances  St.  (Shriver  Place.) 

Irwin  St.  changed  to  31st  St.  (Sub.  Div.  of  J.  I.  Redick's  Add.) 

Isaac  St.   changed   to   36th  St.   (Isaac   and  Selden's)    (West 

Omaha.) 

Ives   St.  changed  to  Harney  St.  (Highland  Place.) 

Jacobs  St.  Changed  to  26th  St. 

James  St.  changed  to  29th  St.  (Shinn's  2nd  and  3rd  Add's.) 

Jaynes  Ave.  changed  to  Gust  St.  (Cottage  Homes.) 

Jefferson  St.  changed  to  24th  St.  (City  of  Omaha.) 

Jennetta  St.  changed  to  Ames  Ave.  (F.  Dellone's  Add.) 

Jerome  Ave.   changed  to  43rd  Ave.   (Kilby  Place.) 

Jesse  St.  changed  to  34th  St.  (Lowe's  Add.) 

John  St.  changed  to  Jones  St.  (McCormack's  2nd  Add.) 

Johnson  St.  changed  to  Jones  St.  (Johnson's  Add.) 

Johnson  St.  changed  to  Parker  St.  (Orchard  Hill.) 

Jones  St.  between  St.  Mary's  Ave.  and  Leavenworth  St.  from 

20th    St.    west. 

JopHn  St.   changed  to  49th  St.  (Fayette  Park.) 

Joslvn  St.   changed  to   Pierce  St.   (Patterson's  Sub.)    (West 

Side)    (2nd    Add.    to    West    Side.) 


NAMES    OF     STREETS — CHANGES.  663 

Julia  8t.   changed  to  4Sth  St.   (Manhattan.) 
Kendall  St.   changed  to  Maple  St.   (Omaha  View.) 
Kempton  Ave.  changed  to  41st  St.  (Kcmpton  Heights.) 
Kennedy  St.  changed  to  36th  St.  (Graddy's  Sub.)   (Brennan 
Place)     (Park    PI.)    (Lowe's    2nd    Add.) 

Kensington   St.   changed   to   Kansas   Ave.    (Hcllman's   Add.) 
King  St.  changed  to  26th  St.  (Shinn's  Add.)  (Parker's  Add.) 
(Patrick's     1st    and    2nd    Add's.) 

Koster's  St.  changed  to  47th  St.  (West  Cuming  Add  )  (Kos- 
ter's  Add.) 

Kyner  Ave.  changed  to  Maple  St. 
Lacy  St.  changed  to  Nebraska  Ave.  (Hellman's  Add.) 
Lafayette  Court  changed  to  Marcy  St.  (Lafayette  Park.)^ 
Lafayette  St.  changed  to  20th  St.  (Wilcox  Add.) 
Lalk    St.    changed    to    Evans    St. 

Latson  St.   changed  to  40th  St.   (Lakeview)   (Loomis  Sub ) 
(Buell  Place)  (Tuttle's  Sub.)  (1st  Add.  to  Druid  Hill.) 
Laura  St.   changed  to  Jaynes  St.   (Radford.) 
Lawrence  St.  changed  to  Mason  St.  (Marsh's  Add.) 

Legrand  St.   changed  to  Browne  St.  (Patrick's  2nd  Saratoga 
Add.)  ^ 

Ley  St.   changed  to  36th  Ave.   (Madison  Squ.) 
Liberty     St.  changed  to  33rd  St.  (Hanscom  Place.) 
Line  St.  changed  to  30th  St.  (Lowe's  2nd  Add.)  (Shinn's  2nd 
and    3rd    Add.) 

Linkhart  Ave.  changed  to  Webster  Ave.  (Cottage  Homes.) 
Linn  St,  changed  to  Castellar  St.  (Wilcox  Add.) 
Loasby  St.  changed  to  3rd  St.  (Mayne's  Add.) 
Locust  St.  changed  to  Bancroft  St.  (Wilcox  1st  and  2iid  Add.) 
Locust  St.  changed  to  Dorcas  St.  (Grandview.) 
Loomis  St.  changed  to  Erskine  St.  (Arhngton.) 
Logan  St.  changed  to  Burdette  St.  (Clifton  Hill.) 
Logan  St.   changed  to  49th  St.   (West  Side.) 
Louisa  St.  changed  to  43rd  St.  (Ambler  Place.) 
Lowe  Ave.  changed  to  40th  St.  (Clifton  Hill)  (Ochanl  Hill) 
(Potter's  Add.)  (Walnut  Hill)  (Lavota  Place)  ('JMiornbur^r  Place) 
(Shermood  Park)  (Stewart  Place)  (P()j)j)l('t()n  Park)  (King's  Add.) 
(Leavenworth   Business   Place)    (Morse   and    Briiiicr's    Placi'.) 
Lowe  Ave.   changed  to  41st  St.  (Clifton   Hill.) 
Lucy  St.  changed  to  Oak  St.  (Drexel  and  .Maul's.) 

Lyman  St.  changed  to  31st  St.  (DwiLrht  and   Ionian's)  (Clark 
Place.) 

Madison   Ave.   changed   to  32nd   Ave.   (Hanscom   Place.) 


664  NAMES    OF     STREETS — CHANGES. 

Main  St.  changed  to  35th  St.  (Griffin  and  Smith's.) 
Maine  St.  changed  to  Jaynes  St.  (Seymour  Add.) 
Main  Ave.  changed  to  37th  St.   (Hillsdale)   (Newport.) 
Maple  St.  changed  to  36th  St.  (Central  Park.) 
Manitoba  St.  changed  to  45th  St.  (Valentine  Terrace.) 
Manning   St.    changed   to   52nd   St.    (Patterson   Park.) 
Market  St.  changed  to  Himebaugh  Ave.  (Valley  Place.) 
Market  St.  change  from  24th  and  Davenport  St's  to  18th  St. 
South  of  Harney  St.  vacated. 

Marsh  St.  changed  to  Marcy  St.  (Marsh's  Add.) 
Marshall  Ave.  changed  to  47th  St.  (Lincoln  Place.) 
Martha     St.  changed  to  Valley  St.  (Pratt's  Sub.)  (Sherman 
Heights.) 

Mary  St.    changed    to  Vinton  St.   (Pratt's  Sub.)    (Sherman 
Heights.) 

Max  Meyer  Ave.  changed  to  Valley  St.  (Manhattan.) 
May    Court    changed    to    Newport    Ave.     (Lafayette     Park) 
(Cote  Brilhante.) 

May  St.  changed  to  28th  St.  (O'Berne  and  Hoosick's  Add.) 
Mayne  St.   changed  to  Seward  St.   (Orchard  Hill)    (Mayne's 
Add.  to  Orchard  Hill.) 

Megeath    St.    changed    to    Arbor   St.    (Dwight    and    Lyman's 
Add.)    (Dupont    Place.) 

Melcher  St.   changed  to  31st  St.  (Omaha  View.) 
Mercer  Ave.  changed  to  Cuming  St.  (Walnut  Hill.) 
Michigan  Ave.  changed  to  Mason  St.  (Bartlett's  Add.)  (Ter- 
race  Add.) 

Michigan  St.  changed  to  Mason  St.  (Rees  Place)  (Himebaugh 
Place.) 

Middle  Ave.  changed  to  Jackson  St.  (Isaac  and  Selden's  Add.) 
MiHtary  "Road  changed  to  Cuming  St.  (Nelson's  Add.) 
Millard  St.   changed  to  35th  St.   (Windsor  Place)   (Windsor 
Place  Extension)  (Melrose  Hill)  (Dwight  and  Lyman's)  (Thomason 
and  Goos.) 

Millet  St.  changed  to  Larimore  Ave.   (McCreary  Place.) 
Milton  St.  changed  to  Mayberry  St.  (West  Side.) 
Missouri  St.  changed  to  13th  St.  (Millard  and  Caldwell's  Add.) 
Missouri  Ave.  changed  to  13th  St.  (Sulphur  Springs  Add.) 
Moe  Ave.  changed  to  37th  St.  (Pleasant   Hill)    (Moe's   Sub.) 
Moe   St.    changed   to   37th   St.    (Humboldt   Place.) 
Montana  St.   changed  to  26th  St.   (Nelson's  Add.) 
Montana  St.  changed  to  Pratt  St.  (Arnold's  Park.) 
Montgomery  Ave.  changed  to  43rd  St.  (Pratt's  Sub.) 


NAMES    OF     STREETS — CHANGES.  665 

Montgomery  St.  changed  to  43rd  St.  (Sherman  Heights.) 
Moore  Ave.    changed   to   43rd   St.    (Poppleton    Park.) 
Morse  St.  changed  to  Grover  St.  (Thomason  and  Goos  Add.) 
(Melrose    Hill)    (Summit    Add.) 

Morton  Ave.  changed  to  45th  St.  (Thornton  Place)  (Ambler 
Place.) 

Morton    Ave.    changed   to   44th   St.    (Springdale)    (Poppleton 
Park.) 

Morton  Ave.  changed  to  36th  St.  (Oakhurst) 
Morton  St.   changed  to     Vinton  St.   (Melrose  Hill.) 
Mt.  Pleasant  changed  to  Pacific  St.  (Bartlett's  Add.)  (Oak- 
hurst.) 

Mt.  Pleasant    changed  to  Pacific  St.  (Hickory  Place.)  (Thorn- 
burg    Place)  (Hhnebaugh's  Place.) 

Murray  St.  changed  to  Spring  St.  (Murray's  Add.  to  Okahoma.) 
Myers  St.  changed  to  27th  St.  (Mvers,  Richards  andTilden's 
Add.)  ^ 

McCandless  St.  changed  to  25th  St.  (Isabel  Place.) 
McClellan    St.    changed   to    2Sth   Ave.    (Clarendon.) 
McClellan  St.  changed  to  29th  St.  (Allen's  Sub.  of  Ragan's) 
(Ragan's  Add.) 

McCully  St.   changed  to  25th  Ave.   (Isabel.) 
McEntee    St.    changed    to    28th    Ave.    (:\IcCleary    Place)    (F. 
Dellone's  Add.) 

Nassau  St.  changed  to  25th  Ave.  (Ames  Place.) 
Nevada  St.  changed  to  25th  Ave.  (Johnson's  Add.) 
Nebraska  St.  changed  to  27th  Ave.  (Sweesy's  Add.) 
Nelson  St.  changed  to  Lafayette  Ave.  (Walnut  Hill  Add.) 
Nelson  St.   changed  to  Spring  St.   (Mayne's  Add.) 
New  St.  changed  to  15th  Ave.  (Millard  and  Caldwell's  Add.) 
Newton  St.   changed  to  Wirt  St.  (Gise's  Add.) 
Newton  St.  changed  to  Wirt  St.  (Brevoort  Place.) 
19th  St.   changed  to  Florence  Boulevard  (Chicago  to  Oliio.) 
North  St.  changed  to  Martha  St.  (Wilcox  Add.) 
Northrup  Ave.  changed  to  42nd  St.  (  Popjileton  Park.) 
9th  Ave.   changed   to  46th   Ave.   (Ambler   Place.) 
Oak   St.    changed   to   Frances   St.    (Graiulview.) 
Ohio  St.  changed  to  Florence  l^oulevard.  (19tli   St.  to  2(Hli  St.) 
Omaha  St.  changed  to  25th  St.  (Sweesy's  Add.) 
Ontario  St.  changed   lo   I'^vans  St.     in   (Sinitli  :iiid  William's 
Addition.) 

O'Neil  St.  changed   1<.   "A"   St.   (O'.Xcil's  Sub.) 
Orchard   St.    changed    t(.   Cliarles   St.    (On-hard    Hill.) 


666  XAMKS    OF     STREETS — CHANGES. 

Otoe  St.  chan,H;ed  to  45th  St.   (Baker  Place)   (Saiinder's  and 
Himebaugh's  Add.) 

Otto  St.  changed  to  Redick  Ave.  (HeDman's  Add.) 
Page  St.  changed  to  Burt  St.    (Through  King's  Add.) 
Palo  Alto  St.  changed  to  Spaulding  St.     (Arnold  Park.) 
Park  Ave.  changed  to  Larimore  Ave.  (Bruyn  Park)  (1st  Add. 
to  Pruyn  Park.)        ^  , 

Park   Ave.    changed    to    29th    Ave.    (Rees    Place)    (Hanscom 
Place)  (Terrace  Add.)  (Sub.  of  J.  I.  Redick's  Add.)  no.w  Park  Ave. 
Park  St.  changed  to  Lincoln  Ave.  (Windsor  Place)  (Ambler 
Place)     (Eckerman  Place)  (West  Side)  (Shriver  Place)    now  Lin- 
coln Ave. 

Park  St.  changed  to  Grand  Ave.  (McEntee's  Add.)  (Taylor's 
Add.) 

Parker  Ave.  changed  to  Meridith  Ave.  (Pruyn  Park)  (Everett 
Place.) 

Parrotte  Ave.   changed  to  41st  St.   (Ambler  Place.) 
Patterson  Ave.   changed  to  Lalk  St.  now  Evans  St.  (1st  Add. 
to  Institute  Place.) 

Paul  St.  changed  to  Lafayette  Ave.  (Resorvoir  Add.) 
Pauhne  St.  changed  to  Arbor  St.  (Ambler  Place.) 
Pawnee   St.    changed   to    Parker   St.    (Saunder's   and   Hime- 
baugh's.) 

Paxton  St.  changed  to  Ames  Ave.  (Boyd's  Add.)  (Isabel.) 
Paxton  St.  changed  to  Corby  St.  (Omaha  View.) 
Pearl  St.  changed  to  Blondo  St.  (Parker's  Add.) 
Pearl   St.    changed   to   26th   St.    (Wilcox   Add.) 
Penn   St.    changed    to    Sahler   St.    (Oak    Chatham.) 
Perry  St.  changed  to  28th  St.(Mvers,  Richards  and    Tilden's 
Add.) 

Phil  Sheridan  St.  changed  to  27th  St.  (J.  I.  Redick's  Add.) 

(Sub.  Div.  of  J.  I.  Redick's  Add.)  (Hanscom  Place)    (Rees  Place) 

(Hickory  Place)  (Shulls  1st  and  2nd)  (Burr  Oak)  (Marsh's  Add.) 

Pier  St.  changed  to   25th   St.    (Parker's  Add.)   (Shinn's   Add.) 

(Patrick's    1st  and  2nd   Add.) 

Pine  St.   changed  to   Oak  St.   (Grand   View.) 
Piatt  St.  changed  to  48th  St.  (Lincoln  Place)  (Koster's  Add.) 
(West  Cuming.) 

Pleasant  St.  changed  to  Pacific  St.  (Hanscom  Place.) 
Pleasant  St.  changed  to  25th  Ave.  (Griffin  and    Isaac's  Add.) 
Pleasant    St.  changed  to  38th  St.  (Cherry  Garden)  (Creston) 
(Bemis     Park)  (Mercer -Park)  (Brennan    Place)  (Highland  Place) 
(Harlem  Lane)  (Smith's  Add.)     (Kilby  Place)  (Jerome  Park.) 
Plum  St.  changed  to  Leavenworth  St.  (Johnson  Add.) 


NAMES    OF     STREETS — CHANGES.  667 

Pratt  Ave.   changed  to  44th  St.   (Pratt's  Sub.) 
Prospect  Ave.     changed  to  54th  St.  (Eckerman  Place)  (Har- 
mon's    Sub.)     (Brook     Line.) 

Prospect  St.  changed  to  54th  St.  (West  Side  1st  Add.) 

Prospect   St.    changed   to   32nd   Ave.    (Gise's   Add.) 

Prospect  St.  changed  to    35th  Ave.  (Isaac  and  Selden's  Add.) 

Pruyn  Ave.  changed  to  40th  St.  (Ambler  Place.) 

Peycke  Ave.   changed  to  P>oulevard  St.   (Manhattan.) 

Railroad  St.  changed  to  34th  St.  (Isaac    and    Selden's  Add.) 

Hebecca  St.  changed  to  47th  Ave.  (Walnut  Hill.) 

_  Reed  St.   changed   to  34th  St.   (Dwight   and    Lyman's  Add.) 
(Windsor  Place.) 

Richard    St.    changed    to   2Stii    Ave.    (Mvers,    Richards   and 
Tilden's   Add.) 

Richardson  St.  changed  to  ^'al]ey  St.  (Melrose  Hill.) 

Richmond   St.    changed  to   4th   St.   (Mayne's   Add.) 

Rice  St.  changed  to  Castellar     St.  (Dupont  Place.) 

Ridge  Ave.  changed  to  30th  Ave.  (Himebaiigh  Place.) 

Ridge  St.  changed  to    Boyd  St.    (Oak  Chatham.) 

Riverview  St.  changed  to  "D"  Street  (River  View  Park.) 

Robert's  St.  changed  to  50th  St.  (Fayette  Park) 

Rock  Ave.  changed  to  Cameron  St.  (Brevoort  Place.) 

Rock  St.  changed  to  1st.  (Grand  View.) 

Rock  St.  changed  to  Jackson  St.  (IMcCormack's  2nd)  (Ralph 

Place.) 

Rochenfield     Ave.     changed     to     36th     St.     (Madison    Squ.) 

Tuttle's    Sub.) 

Roger's  St.  changed  to  Meridith  Ave.  (\'an  Buren  Heights) 

(Pleasant  Hill.) 

Rolf  St.    changed   to   26th   St.   (Marsh's   Add.) 

Roscoe  St.  changed  to  "E"  St.  now  Homer  St.  (I'ark  I'orrest.) 

Ross  St.  changed  to  Yates  St.  (Padock  I'lacc) 

Rudolph  St.  changed  to     Mason  St.   (Sheridan    I'lace)   (Ivist 

Side  Add.) 

Sackett  St.   changed   to   "B"   St.   (Riverview.) 

Sanboi'u  Ave.  changed  to  Newton  St.  now   \\'ii-t  Si.  (lirevoort 

Place.) 

Saunders  St.  changed  to  21th  St.  (Noi-lli  nf  CuiniMg  St.) 
Sarah  St.  changed  to  45th  St.  (.Maiiliattati)  (I'ruK's  Sul).) 
Saratoga  St.   changed   t(»   Fowler  Ave.   (Smitlilicld.) 
Saratoga  St.  changed  to  lOMi  St.  (.Millard  and  Caldwell's  \iU\.) 
Savage  St.    changed    in    I'tjinlslin    St.    (Sauiidn-'s   nnd    iliuic- 

baugh's  Add.) 

(Insert)  <■ 


668  NAMES    OF     STREETS — CHANGES. 

Savior  Ave.   changed  to  45th  St.  (Lafayette  Park.) 

Seidell  St.  changed  to  37th  St.  (Cherry  Garden)  (Smith's  Add.) 

(Highland    Place)     (West    Omaha)     (Utica    Place.) 

Seymour  St.  changed  to  29th  Ave.  (Yates  and  Reed's  Sub. 

Ragan's   Add.) 

Seymour  Ave.  changed  to  14th  Ave.  (Sulphur    Springs  Add.) 
Sheridan  St.  changed  to  Decatur  St.  (Saunder's  and  Hime- 

baugh's  Add.) 

Sherman   St.    changed   to   Leavenworth   St.     (Terrace   Add.) 

(J.  I.  Redick's  Add.)  (Sub.  Div.  of  J.  I.  Redick's  Add.) 

Sherman     St.  changed  to  Charles  St.  (Horbach's  2nd  Add.) 
Shorter  Ave.  changed  to  46th  Ave.  (Thornton  Place.) 
Shull  Ave.   changed  to  25th  Ave.   (Shull's  2nd  Add.) 
Sickles    Ave.  changed    to   45th   Ave.    (Poppleton    Park.) 
Sidney   Ave.   changed  to      Grover  St.   (Manhattan.) 
Smith  St.  changed  to  33rd  St.  (Dwight  and  Lyman's  Add.) 

(Windsor  Place.) 

Smith  St.  changed  to  42nd  St.  (Brigg's  Place)  (Jerome  Park) 

(Highland  Place)   (Kilby  Place.) 

Sophia  St.  changed  to  35th  St.  (Lowe's  Add.) 
Sonnenschein  St.  changed  to  32nd  St.  (Omaha  View.) 
South  Ave.  changed  to     Sprague  St.  (Tuttle's  Sub.) 
Southeast  Ave.  now  Bancroft  St.  to     Grover  Street. 
South  St.    changed  to      Sprague   St.    (Harlem   Lane)    (Buell 

Place)    (1st  Add.   to   Druid  Hill.) 

South  St.  changed  to  Bancroft  St.  (Okahoma  Park)  (Improve- 
ment Ass'n.) 

South  St.  changed  to  22nd  St.  (Millard  PL)  (McCandlish  PI.) 

(Cortlandt  PI.) 

South  Vinton  St.  changed  to  19th  St.  (Wither's  Sub.) 
Spencer  St.  changed  to  ITth  St.  (Cottage  Park.) 
Spruce  St.  changed  to  Willis  Ave. 
Spring  Ave.  changed  to  37th  St.  (Omaha  Heights.) 
Spring  St.  changed  to  Friderick  St.  (Summit  Add.) 

Spring  St.  changed  to  17th  Ave.  now  ISth  St.  (Millard  and 
Caldwell's  Add.) 

Spring  St.  changed  to  39th  St.  (Stewart  Place)  (Barkalow 
Place)  (Jerome  Park)  (Kilby  Place)  (Parmenter  Place)  (Tabor 
Place)  (Smith's  Add.)  (West  Omaha)  (Hanscom  Park  Add.) 
(Leavenworth  Business  Place.) 

Spring  St.  changed  to  3rd  St.  (Grandview.) 

Spring  St.  changed  to  51st  St.  (West  Side)  (Eckerman  Place) 
(Shriver  Place.) 

Spruce  St.  changed  to  Martha  St.  (Grandview.) 


NAMES    OF     STREETS — CHANGES.  669 

Spruce  St.  changed  to  33rd  St.  (Denman  Place.) 

Spruce  St.  changed  to  Woolworth  Ave.  (Credit  Foncier  Add.) 

St.  John's  St.  changed  to  Pacific  St.  (Patterson  Sub.) 

St.  Lawrence  Ave.  changed  to  41st  Ave.  (Poppleton  Park.) 

St.  Louis  Court  changed  to  Redick  Ave.  (Cote  Brilliante.) 

Stanley  St.   changed  to  "C"  St.  (Fairview.) 

Stanley  St.  changed  to  50th  St.  (West  Side.) 

Stace  St.  changed  to  30th  St.  (Myers,  Richards   and  Tildens- 

Add)  (Omaha  View)  (West  End)  (Gise's  Add)  (McCreary  Place.) 
Stratman  Ave.  changed  to  Fowler  Ave.  (Humbolt  Place.) 
Summit  St.  to  Lowe's  2nd  Add,  vacated. 
Summit  St.  changed  to  4th  St.  (Grandview.) 
Sweesy  St.  changed  to  26th  St.  (Sweesy's  Add.) 
Sycamore  St.  changed  to  Binney  St.  (from  42nd  to  45th  street.) 
Swetman  St.  changed  to  45th  St.  (Tipton  Place.) 
2nd   Ave.    changed   to    Saratoga   St.    (Central   Park)    (Selby 

Heights)  (Cherry  Hill)  (Tipton  Place)  (1st  Add  to  Central  Park.*) 
2nd  St.  changed  to  53rd  St.  (Eckerman  Place.) 
2nd  St.    changed    to    Jones    St.    (West    Omaha)    (Parmenter 

Place)  (Barkalow  Place.) 

2nd  St.  changed  to  46th  Ave.  (Hartford  Place.) 

6th  Ave.  changed  to  Ogden  St.  (Irene  Place.) 

6th  St.  changed  to  Pacific  St.  (West  Omaha.) 

7th  Ave.  changed  to  Park  Wild  Ave.  (Kountz's    "A"   Add.) 

Street  north  of  Riverview  Park,  Grover  St. 

Street  east  of  Leissenrings  Add.,  44th  St. 

Street  between   O'Bernes   and   Hoosicks   and    Summit   Add., 
28th  Ave. 

Street  through  center  of  Fosdyke  Place,  (N.  and  S.)  43rd  St. 

Street  in  16th  St.  Add.,  (E.  and  W.)  Browne  St. 

Street  between  Blocks  8  and  9,  (Hitchcock's  1st  Add.,  39th  St. 

Street  south  of  Ralph  Place,  Emile  St. 

Street  in  Anisfield,  (N.  and  S.),  4th  St. 

Street  between  Blocks  1  and  2,  Leissenrings  Add.,  44th  Ave. 

Street  west  of  Cote   Brilliante  and   Selby   Heights,   45th  St. 

Street  east  of  Belmont  Park  and   Grant   Park,  45th  St. 

Street  east  of  1st  Add.  to  Central   Park,    loth  St. 

Street  east  of  Sheridan   I'lace,  45th  St. 

Street  west  of  Jielmont  Phic(!  and  Giand  I'ark,    isili  St. 

Street  between  Blocks  3  and  4,  West  Si(h',    l!)lh  Ave 

Street  west  of  Manhattan   and   Shrivcr's   JMncc,   51st   St. 

Street  south  of  lOlinwood    Park,  Hgdcn  St. 


670  NAMES    OF     STREETS — CHANGES. 

Street  north  of  Orchard  Hill,  Blondo  St. 

Street  between  Orchard  Hill  and  Mayne's  Add.  to  Orchard 

Hill,  41st  Ave. 

Street  west  of  Rockford  Add.,  27th  St. 

Street  north  of  Leissenring  Add.,  Harney  St. 

Seventeenth  Ave.,  from  Ohio  to  Locust  St.,  now  18th  St. 

Talbot  St.   changed  to   Pine  St.   (Forest  Hill.) 

Taylor  St.  changed  to  27th  St.  (Taylor's  Add.)  (Oxford  Place.) 

Taylor  St.  changed  to  Pacific  St.  (West  Side)  (Hartford  Place) 

(Himebaugh   and    Patterson's   Sub.) 

Thomason  St.  changed  to  Vinton  St.  (Thomason  and  Goos  Add.) 

(Summit  Add.) 

Thornburg  St.  changed  to  41st  St.  (Thornburg  Place.) 

Terrill  St.  changed  to  25th  Ave.  (Marsh's  Add.) 

Tiden  St.  changed  to  29th  St,  (F.  Dellone's)    (Myers,   Richards 

and  Tilden's.) 

Tilden  St.  changed  to  38th  St.  (Lyman  Place.) 
Tilman  St.  changed  to  31st  St.   (Lowe's  2nd  Add.) 
Townsend  Ave.  changed  to  Fowler  Ave.  (North  Omaha.) 
Turkey  St.  changed  to  20th  Ave.  (Hascall's  Add.  to  Okahoma.) 
Tuttle    Ave.    changed    to    Grand    Ave.    (Kempton    Heights) 

(Humbolt    Place)    (Tuttle's    Sub.) 

Tuttle  St.   changed  to  Grand  Ave.   (Moe's  Sub.) 

3rd  Ave.   changed  to  Browne  St.  (Central  Park.) 

3rd  St.  changed  to  Leavenworth  St.  (West  Omaha.) 

3rd  St.  changed  to  46th  St.  (Hartford  Place.) 

3rd  St.  changed  to  53rd  Ave.  (Eckerman  Place.) 

10th  Ave.  changed  to  47th  St.  (Ambler  Place.) 

10th    St.    changed    to    11th    St.    (Morse    and  Bruner's  Add) 

(Cottage   Homes)    (Valley   Place.) 

12th  St.   changed  to  9th  St.   (Hellman's  Add.) 

12th  St.  changed  to  11th  St.  (Van  Camp's  Add.) 

13th  St.   changed  to    11th  St.   (Hellman's   Add.) 

22nd  St.  changed  to  23rd  St.  (Campbell's  Add.) 

24th  St.   changed  to  25th  St.   (Shull's  2nd  Add.)  (Reed's  1st 

Add.)   (Henry  and  Shelton's  Add.) 

25th   St.    changed   to   25th  Ave.  (Perkin's   Sub.  Capitol  Add.) 

(Ames  Place.) 

25th  St.  changed  to  26th  St.  (Capitol  Hill  Add.)  (Reed's  1st 

Add.) 

26th  St.  changed  to  25th  Ave.  (Seymour  Add.) 
26th    St.    changed    to    26th    Ave.    (Perkin's  Sub.  of  Capitol 
Add.) 


NAMES    OF     STREETS — CHANGES.  671 

26th  St.  changed  to  27th  St.  (Bogg's  and  Hill's  Add.) 
26th  St.  changed  to  27th  Ave.  (Drake's  Add.)  (^McCormack's 
Add.)   (Reed's  1st  Add.) 

27th  St.   changed  to  26th  St.   (Seymour's  Add.) 
27th  St.  changed  to  28th  St.  (Bogg's  and  Hill's  Add.) 
27th  St.  changed  to  28th  Ave.  (Drake's  Add.)  (McCormack's 
Add.)    vacated. 

28th  St.   changed  to  27th  St.   (Seymour's  Add.) 

28th    St.    changed    to    28th    Ave.    (Catalpa  Place)    (Catalpa 
Place  2nd.) 

28th  St.  changed  to  28th  Ave.  (Boggs  and  Hill's  Add.) 
28th  St.  changed  to  29th  St.  (McCormack's  Add.  vacated.) 
28th   St.    changed   to   30th   St.    (West  End)  (Summit   Place) 
(Drake's  Add.) 

29th  St.  changed  to  28th  St.  (Boyd's  Add.) 

29th  St.  changed  to  28th  Ave.  (O'Berne  and  Hoosick's  Add,) 

29th    St.    changed    to    31st    St.    (Euchd    Place)   (West  End) 
(Summit    Place) 

30th  St.  changed  to  31st  Ave.  (West  End)  (Summit  Place.) 

30th  St.  changed  to  29th  Ave.  (Boggs  and  Hill's  Add.) 

31st  St.  changed  to  30th  St.  (Boyd's  Add.) 

31st      St.     changed    to     32nd    Ave.     (West    End)     (Summit 
Place.) 

32nd   St.    changed    to    3Jst   St.    (Boyd's   Add.) 

32nd  St.  changed  to  32nd  Ave.  (Thomason  and  Goos   Add.) 

32nd  St.  changed  to  33rd  St.   (West  End)   (Hawthorne.) 

33rd  St.   changed  to  31st  Ave.   (Boyd's  Add.) 

33rd   St.   changed   to   34th  St.   (Thomason   and  Goos  Add.) 
(West  End)   (Hawthorne.) 

34th     St.     changed     to     34th     Ave.     (Druid    Hill)    (Denman 
Place)    (Manmouth    Park)    (Portland   Place.) 

34th  St.   changed  to  35th  St.  (West   End)   (Hawthorn.) 
35th   St.    changed    to    35th    Ave.  (Devries    Sub.)  (West  End) 
(Hawthorn) 

36th   St.    changed   to   45th   St.    (Brev(K)rt    Place.) 
37th  St.  changed  to  36th  Ave.  (Creston)  (Creston  .Xiuicx.) 
37th  St.  changed  to  38th  St.  (Hanscom  Park  Add.) 
38th  Ave.   changed  to  46th  St.   (lircvoort   Place.) 
38th  St.   changed   to   38th   Ave.   (Hanscom    I'aik    .\<l(l.) 
38th  St.   changed  to  37th  St.  (Creston)   (Creston   .Annex.) 
39th  St.  changed  to  38th  St.  (Van  liuren  Heights.) 
39th  St.  changed  to  40th  St.  (Hitchcock's  Add.) 


672  NAMES    OF     STREETS — CHANGES. 

U.  S.  Grant  8t.  changed  to  Jackson  St.  (J.  I.  Redick's  Add.) 
(Sub  Div.   of  J.   I.  Redick's  Add.) 

Union  Ave.  changed  to  Poppleton  Ave.  (Patterson's  Sub.) 
(Himebaugh's  Add.) 

Union  St.  changed  to  Lake  St.  (Omaha  View.) 
Union  St.  changed  to  Poppleton  Ave.  (West  Side.) 
Utopia   Ave.    changed    to   Bauman   St.   (Valentine  Terrace.) 
Valentine  St.  changed  to  Sprague  St.  (Oak  Chatham)    (Plain- 
view.) 

^'andercook  St.  changed  to  41st  St.  (Potter's  Add.)  (Vander- 
cook    Terrace.) 

Verango  St.   changed  to  33rd  St.   (Omaha  Mew.) 
Vermont  Ave.  changed  to  Curtis  Ave.  (Vernon  Heights.) 
Victor  St.  changed  to  Oak  St.  (Hascall's  Sub.) 
Vine  St.  changed  to  42nd  St.  (Siemssen  Place)  (Grave's   Park) 
(Central   Park)    (Pruyn   Park)    (Weiss   Sub.) 

Virginia  Ave.  changed  to  28th  St.  (Hanscom  Place)  (Sub. 
of  J.  I.  Redick's  Add.)  (Burr  Oak)   (Rees  Place.) 

Vista  St.  changed  to  48th  St.  (Walnut  Hill)  (Cherry  Hill.) 
Walcott  St.  changed  to  C.  St.  (Fayette  Park.) 
Wall  St.   changed  to  25th  St.   (Ames  Place.) 
Walnut  Ave.   changed  to  Charles  St.   (Saunder's  and  Hime- 
baugh's Add.  to  Walnut  Hill.) 

Walnut  St.   changed   to  William   St.    (Credit  Foncier.) 
Walter     St.    changed   to  40th  Ave.   (Lakeview)    (1st  Add.   to 
Lakeview)  (Loomis  Sub.)  (Tuttle's  Sub.)  (1st  Add.  to  Druid  Hill.) 
Walton  St.  changed  to  43rd  St.  (Institute  Place)  (1st  Add.  to 
Institute    Place.) 

Washington  St.  changed  to  Vernon  Ave.  (Hellman's  Add.) 
Way   St.    changed   to   Valley   St.    (Summit   Add.)  (Thomason 
and   Goos   Add.) 

Wayne  Ave.    changed    to    Boulevard    St.    (Patterson   Park.) 
Westerfield     Ave.      changed     to     "C"     St.     (Park     Forrest) 
(Oak   Hill.) 

Weltha  Ave.   changed  to  Spring  St.   (Manhattan.) 
West   Ave.    changed   to   25th   Ave.    (Shull's   Add.) 
West  St.  changed  to  45th  Ave.  (West  Cumings.) 
West  Pacific  St.  changed  to  Rees  St.  (Hickory  Place.) 
Western  Ave.  changed  to  Webster  Ave.  in  (Omaha  Heights.) 
Weston  St.   changed   to   50th   St.    (Shriver  Place.) 
Wheaton  St.   changed  to  25th  St.   (Armstrong's  Add.) 
Wilcox  St.   changed  to  25th  St.   (Wilcox  Add.) 
William    Court    changed    to    Ida    St.    (Lafayette  Park)    (Cote 
Brilliante.) 


NAMES    OF     STREETS — CHANGES.  673 

Williams  St.  changed  to  33rd  St.  (Lowe's  1st  and  2nd  Add.) 
Willow  St.   changed  to   Cedar  St.   (Credit  Foncier.) 
Wood  Ave.  changed  to  44th  St.  (McCormack's  2nd  Add.) 
Worth  St.  changed  to  26th  St.  (Ames  Place.) 
Yale   St.    changed   to   Browne   St.    (Oxford   Place.) 


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